SC stays proceedings against Maggi at consumer panel

The Supreme Court on Wednesday stayed proceedings against Nestle India, maker of the Maggi brand of instant noodles, in the National Consumer Disputes Redressal Commission (NCDRC).

The order followed a plea by the company this week that NCDRC did not have jurisdiction to hear the government's Rs 640-crore class action suit against it after the Bombay High Court had already pronounced a verdict in the matter. Nestle contended that this amounted to judicial indiscipline.

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In its August 13 order, the Bombay High Court had lifted the ban on Maggi noodles, directing Nestle to prove within six weeks that the product was safe. It had said re-testing would be undertaken at three independent laboratories in Mohali, Hyderabad and Jaipur. The three laboratories, the court had said, were accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL).

In its appeal filed in the Supreme Court, Nestle also said the 16 additional samples of Maggi that were to be tested at a food inspection lab in Chennai should instead be undertaken at the NABL-accredited CFTRI in Mysuru.

On December 10, NCDRC had directed the government to undertake the tests at the Chennai lab, which Nestle had vehemently contested, saying it was not equipped to conduct tests that determined the amount of lead in the product.

A bench comprising Justices Dipak Misra and P C Pant on Wednesday accepted Nestle's plea and directed reports of the test in addition to an earlier one ordered on October 15 be placed before it.

The next hearing on the matter has been posted for January 13, which is also when the Supreme Court will hear an appeal filed by the Food Safety and Standards Authority of India (FSSAI) against the August 13 order of the Bombay High Court.

Last week, the apex court had sought a response from Nestle to FSSAI's plea that the purpose of testing any product was vitiated under the Food Safety and Standards Act, 2006, if the manufacturer was allowed to choose samples of the product to be given for testing.

A Nestle India spokesperson had said last week that it would comply with the Supreme Court's notice. With regard to Wednesday's developments, the company said it was awaiting the formal order on the matter.

The company said it had conducted 3,500 tests representing over 200 million packs in both national and international accredited laboratories and all reports were clear.

In addition to these, various countries, including the US, the UK, Singapore, Australia and others found Maggi noodles exported from India to be safe for consumption.

The company also reiterated reports from the three accredited laboratories mandated by the Bombay High Court to test the samples had also validated that lead present was below the permissible limit.

NOODLE SAGA

• Aug 12: Ministry of consumer affairs files Rs 640-cr class action suit against Nestle India. First of its kind, says the firm guilty of unfair trade practices, mislabelling and misleading ads
   
• Oct 15: NCDRC directs government to undertake tests on 13 samples of Maggi
   
• Dec 10: NCDRC directs government to undertake further tests on 16 more samples. Says tests to be conducted at a lab in Chennai
   
• Dec 12: Nestle appeals against December 10 order, saying it should instead be done at CFTRI, Mysuru
   
• Dec 16: SC grants Nestle plea on testing in Mysuru instead of Chennai and also stays all proceedings at the NCDRC