The Supreme Court had sought a response from Nestle India on an appeal by the FSSAI against lifting the ban on Maggi noodles by Mumbai High Court.
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Nestle’s counsel Harish Salve accepted the formal notice on behalf of the Swiss giant Nestle and said the company would file a reply to the petition by January 5.
An apex court bench fixed the plea for hearing on January 13 when it will consider FSSAI’s prayer for stay of the High Court verdict.
Attorney General Mukul Rohatgi, appearing for FSSAI, said that the laboratories, accredited under the statute, should be allowed to conduct tests on such food products.
Telling the court that all these food testing laboratories were notified under the earlier Prevention of Food Adulteration Act and it was said that they would continue to operate even under the 2006 act, he noted that the high court however did not accept this and held since the labs that tested Maggi noodles were not NABL-accredited, their findings could not be relied upon.
The food regulator had last month approached the apex court, terming the High Court’s August 13 order as “erroneous” and questioned the sanctity of the samples provided for re-test to government-approved labs. Finding the court not inclined to accept his plea saying that it was a challenge to the high court order, Salve indicated that Nestle India may move a separate plea before the court questioning the class action by the government. This, it contended, would hardly have the effect of a “ban order”, especially when Nestle had already issued a press release declaring that it was recalling its products under the scanner for excessive lead content. Nestle went on to destroy over 25,000 tonnes of Maggi products. But after a favourable Bombay High Court order Nestle relaunched Maggi on November 9.
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The regulator, seeking a stay on the operation of the impugned final judgment of the High Court, raised the question of law, asking whether the main duty of the food authority (FSSAI) is to regulate and monitor the food products at any stage of production or is their primary concern the safety of the food products being consumed by the people in the country?
