Does FSSAI have powers to ban Maggi: HC asks Nestlé India

The Bombay high court (HC) on Monday asked Nestlé India to reply whether Food Safety and Standards Authority of India (FSSAI) has overriding powers to ban Maggi.

The Bombay high court (HC) on Monday asked Nestlé India to reply whether Food Safety and Standards Authority of India (FSSAI) has overriding powers to ban Maggi.

File-photo-of-packets-of-Nestle-s-Maggi-instant-noodles-at-a-shop-Reuters-Photo

A division bench of justice VM Kanade and justice BP Colabawalla was hearing the petition filed by Nestlé India, after FSSAI banned all nine variants of Maggi on June 5 this year.

Senior counsel Iqbal Chagla appearing for the company said there have been no complaints against Maggi for 30 years, and suddenly someone in Ghaziabad found monosodium glutamate in a sample. He said there is no affidavit filed by FSSAI on this.

Chagla said there is absolutely no material to say that the product is unsafe and therefore should be banned. He said FSSAI cannot ban any product as and when it pleases.

The court then asked whether FSSAI had informed Nestlé India that they propose to impose a ban. Chagla said there was no notice given and they were informed about the ban through a phone call.

Chagla then said that FSSAI is a regulator and they should not have behaved in an adversarial manner by arbitrarily banning the product. He also said there was nothing found in the other six variants of Maggi and despite that there was an order to ban all the nine variants.

The court has asked Nestlé whether the FSSAI has overriding powers to ban the whole product and whether it is a proprietary product. The arguments will continue on Tuesday.