Indian food regulator Food Safety and Standards Authority of India (FSSAI) has approached Supreme Court against the Bombay High Court orders in the Nestle’s Maggi Noodles case seeking expunging of some remarks made by the lower court against the regulator.
The FSSAI has termed the High Court's decision declared on 13 August as 'erroneous' as Nestle was asked to provdide new samples by itself instead of asking a neutral authority to do so, The Economic Times reported.
The regulator has sought expunging of the unfavorable remarks made against the agency by the High Court officials. The regulator also said that it should be allowed to use labs that function under the purview of the law and not be limited to government-accredited labs which are few, reported the publication.
The issue pertains to the long drawn Maggi Noodles case in which FSSAI and Maharashtra state Food Development Authority (FDA) wanted ban on nine varieties of Maggi Noodles after excess quantities of MSG was found in a batch of the instant noodles. However, the High Court had repealed the orders claiming that the principles of natural justice were not followed in the case as the manufacturer was not given a hearing.
The court had ordered Nestlé's Maggi to undergo fresh tests with five samples of each variant in three independent laboratories in Punjab, Hyderabad and Jaipur, which were recognized by National Accreditation Board for Testing and Calibration Laboratories (NABL).
The court had also specified that the samples would be collected from the 750 packages available at the company after the ban was effectuated. If the lead content in the samples was found below the permissible levels, the court said that Nestle would be allowed to renew manufacture of the instant noodles, reported the publication.
Now, the FSSAI has challenged the complete order by the Bombay High Court.
In this regard, a Nestle spokesperson was quoted by the Economic Times as saying: "It has been brought to our attention, that the Supreme Court website has posted that the Food Safety and Standards Authority has filed a case against Nestle India Ltd and Others.
"We have not been served a notice about this and are not yet aware of its content. However, we would like to reiterate that Nestle India is confident of the quality and safety of MAGGI Noodles and so we will defend ourselves vigorously. At Nestle India, we reiterate that quality and food safety are non-negotiable and that MAGGI Noodles has always been safe for consumption."
The move comes after the recent re-launch of Maggi Noodles in the Indian market. The Swiss food giant is leaving no stone unturned to capitalize on the lost time as it seeks to expand the sales through collaboration with ecommerce company Snapdeal.
However, the company has stated that the instant noodles will not be available in eight Indian states that have banned its sale.
Nestle had stated that it had conducted over 3,500 tests of over 200 million packs in both national as well as international accredited laboratories and Maggi Noodles had cleared all the tests.
