Much to the chagrin of rival two-minute noodle brands, the High Court has decided to lift the ban from Nestle’s Maggi. When the Swiss based company challenged the tests that declared lead to be in more quantity than the statutory lead limit set by the FSSAI (The Food Safety Standard Association of India), the results came out safe. But the catch was that the laboratories in which the samples were tested were not accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL). So there is still some time before the staple Indian snack hits the racks again.
On Thursday, the Bombay High Court declared the ban on the noodles “arbitrary” and that “it violated the principles of natural justice”. Although there is a momentary relief to the company, they have already burned 27,000 tonnes of Maggi. But before declaring it unsafe, the FSSAI had not established that the lead content was beyond permissible limits. Also, the FSSAI only conducted tests on three variants out of nine while banning all nine variants. This was objected by Nestle.
Moreover, Nestle wasn’t even given a proper showcause notice nor was it awarded a proper hearing. Nestle has always proclaimed that its products are safe according to tests conducted in other countries including the US, Britain and Singapore. Nestle argued that the FSSAI had acted in a “drastic and arbitrary” fashion by not serving any notice before the ban but announcing a ban directly.
FSSAI had justified the ban to be in the best interests of the public. Its tests declare that there were more than permissible quantities of lead and presence of added MSG (monosodium glutamate, a flavor enhancer). The presence of MSG in the Maggi noodles despite the “no added MSG” declaration on the pack could have been the reason for the company to be prosecuted in light of misbranding the product. But because it has decided to remove the “no added MSG” declaration, the company will not suffer any charges or trial for misleading people by false declarations.
The company holds 80% market in India. The ban had caused 2.5% decline in the consolidated net profit of the company. The global sales of Nestle had taken a hit due to the ban on Maggi. They declared their first quarterly loss to their company in almost two decades.
The Maggi brand came to India in 1983 and has proved to be the largest market of the same in the world. It has stuck ever since. From children going to schools to hill stations with temperatures in the negative, Maggi was everywhere. The ban sure caused a great impact, which included memes on social media mocking the said ban.
The High Court said that the ban was dependent on fresh tests to be conducted by Nestle within six weeks at three labs in Mohali, Jaipur and Hyderabad. The return of this favorite Indian snack to the stores was also declared to rely upon the latest test results that come, that is, is the patent noodle brand, Maggi, safe or hazardous.
Tags: Maggi Nestle
