FSSAI believes in a ‘wait and watch’ policy on Maggi

Bombay High Court’s recent decision on Maggi ban had come as a breather for Nestle as the verdict says that the instant noodles may be back on market if and only if , it qualifies in six quality determining tests. However learning about this order, India's food regulator the Food Safety and Standards Authority of India (FSSAI) isn't likely to appeal against the Bombay High Court decision.

In its ruling on August 13, the court said the Nestle India product has to be tested for lead content over the next six weeks at accredited laboratories in Hyderabad, Mohali and Jaipur.
FSSAI had banned Maggi two months back for its alleged content of excessive lead and MSG.

"The general view is that this decision should not be appealed against in the higher court," said the official. Another senior official said the high court order was a neutral one and therefore there was not much for appeal. "It's a neutral order...All it says is ban can be lifted only after the tests give an all-clear," the second official said. The final decision rests with FSSAI.

Desisting from an appeal will allow the case to be settled quickly, bringing to a close an issue that has brought negative publicity to the country's food administration regime, if the tests show the product is safe. Various overseas regulators have said Maggi noodles made in India is fit for consumption.

The Bombay High Court ruling was made on a petition filed by Nestle against the regulatory order.

The court said the regulator hadn't given the company enough opportunity to present its stand, which was a violation of natural justice. Some in government were of the view that effecting a ban was not the right way forward, especially in the manner in which it was carried out. The ban on Maggi noodles prompted many packaged food producers to withdraw similar products from the markfearing that they would be next. Food processing minister Badal said that an "inspector raj" had led to concerns among companies, stalling investment and threatening the government's Make-in-India programme.

The high court said any nationwide ban by FSSAI had to be justified by the regulator. The division bench said a showcause notice had not been issued before the ban and neither were samples tested at accredited laboratories, raising doubts over the results.

"We are very concerned with the public health and safety and hence those three laboratories will check, whether the lead content is within the permissible limits and will give its report to FSSAI within six weeks," the bench had said. "If the lead content is within the permissible limit of 2.5 ppm (parts per million), only then the company will be allowed to sell the product in the market."

The ban on Maggi noodles and the voluntary withdrawal of other packaged food products are seen as having had an economic impact - in the index of industrial production data for June, the instant food category showed a decline of 42%. Meanwhile, a separate case against Nestle got underway at the National Consumer Disputes Redressal Commission (NCDRC) on Monday. The consumer affairs ministry is seeking damages of Rs 639.95 crore from the Swiss company for selling a "defective and hazardous" product.

Officials had said the Bombay High Court ruling wouldn't prevent the ministry from going ahead with its case. They said the basis of the case was different from the one in the high court. "We are fighting the case on grounds of unfair trade practices, sale of defective goods and sale of Maggi oats noodles to the public without product approval," said a Department of Consumer Affairs official