Nestle Moves Bombay High Court For Review of Food Safety Regulations Against Maggi Ban

The Indian arm of Swiss multinational Nestle has filed a petition seeking a judicial review of the food safety regulator’s order to withdraw its top-selling nine variants of Maggi instant noodles on health issues.

A division bench of //Justice V.M. Kanade and Justice B.P. Colabawala, Bombay High court posted the matter after the company’s lawyer mentioned it in the court. Earlier, the matter had been listed for June 18.

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The company’s lawyer mentioned the revision application against the impugned orders passed by authorities in Delhi and Maharashtra and urged the court to hear it on an urgent basis as Nestle had suffered losses following the food regulator’s order.

The order had directed the company to withdraw and recall its products from the markets immediately as they were "hazardous to public health due to presence of lead more than permissible limits". Also, it directed Nestle to stop production, processing, import, distribution and sale of the "hazardous products" with immediate effect.

The company has contended that these orders fail to comply with the mandatory provisions of FSSAI Sec. 34 which deals with emergency prohibition notices and orders, and that the orders were passed without any authority or following the due process of law.

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Nestle further contended that these orders were illegal and arbitrary and violative of the principles of natural justice as well as the Indian constitution.

Earlier, Nestle, in a filing with stock exchanges, said it was also seeking a similar review of a June 6 order passed by the Food and Drug Administration of Maharashtra.

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"At the same time, we are continuing the withdrawal of Maggi products. This action (moving the court) will not interfere with this (withdrawal) process. We shall proceed further as per the orders that may be passed by the Honorable Bombay High Court," Nestle India further added.

In technical terms, Nestle moved the court over issues pertaining to the interpretation of the Food Safety and Standards Act, 2011.

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Nestle has been ordered to withdraw 9 variants of Maggi noodles immediately, including Maggi Oats Masala for which risk assessment has not been undertaken.

Source-IANS