FSSAI urges Bombay HC to impose curbs on Maggi exports

Friday hearing to be the final one

The dispute between Nestlé India and the Food Safety and Standards Authority of India (FSSAI) over the recall and ban of Maggi noodles might end on Friday. The Bombay High Court on Tuesday set July 17 as the date for final hearing on the matter that has stretched on for almost a month now.

The third hearing on Tuesday was expected to be the final one, but proved to be inconclusive.

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Mahmood Pracha, who appeared for the FSSAI, urged the Bombay High Court to recall its June 30 order allowing Nestle to export Maggi instead of destroying it. His contention was that the purpose of the last order was hardly served with Nestle manufacturing fresh batches for export.

 

“Why is Nestle not exporting the product instead of destroying them?” he said. “We had not asked them to burn Maggi product and instead had suggested that they may export it,” Pracha argued.

Nestlé India’s counsel Iqbal Chagla contested FSSAI’s view that Maggi was unfit for consumption in India, arguing that the product had been given a clean chit by a bunch of countries abroad. So far, six countries — Singapore, Hong Kong, Australia, New Zealand, Vietnam and UK — have okayed the noodle brand.

Chagla argued that the tests were conducted at non-accredited laboratories. This is also a point that finds mention in Nestlé’s rejoinder to FSSAI’s affidavit filed after the first hearing on June 12. This, say legal experts, is the backbone of Nestlé defence in court.

In this rejoinder, Nestlé hit back at FSSAI’s contention that the ban and recall on all nine variants of Maggi was imposed following samples testing positive for high levels of lead. It said that the laboratories where noodle samples tested positive for excessive lead content “lacked accreditation” and were  thus “inconsistent and unreliable”.

Nestlé said testing lead required “highly proficient, clean labs, special equipment and highly trained analysts”, which was not the case when samples of its product were tested. It was on the basis of these tests that FSSAI had ordered the ban and recall of Maggi, which should be set aside, Nestlé said.

Notably, FSSAI’s counsel also urged the Bombay High Court to set aside its June 12 order asking the food regulator to give Nestlé a 72-hour notice when prosecuting it, saying that it would defeat its purpose as a regulator. Pracha also argued that Nestlé had not responded to e-mails sent by the regulator seeking details about the recall process.

Responding to the FSSAI’s arguments, a company spokesperson mentioned, “The statements made in court by the FSSAI counsel were incorrect and unsubstantiated. We continue to cooperate and to provide information to the FSSAI. The matter being sub judice we do not wish to comment further.”

Pracha also noted that the Nestlé website has a caption saying “Maggi is safe” following the Bombay High Court order allowing exports of the product. This was inappropriate, he said.