The Bombay High Court was slated to pronounce a verdict over whether or not FSSAI was right in banning Maggi noodles manufactured by Nestle India.
In a relief for Nestle India and Maggi lovers, the Bombay High Court on Thursday lifted nation wide ban imposed on Maggi noodles, holding that principles of natural justice was not followed by Food Safety and Standards Authority of India (FSSAI) in passing the impugned order of ban.
However, the court has directed Nestle company to test variants of noodles at three labs and if test reports suggest that lead is within permissible limit then it can start the sale of products.
The court said that the test should be conducted within six weeks.
The court also observed that the FSSAI had not issued show cause notice before imposing ban and the test conducted at laboratories were not recognised by the authority. Therefore, the reports could not be relied upon and the ban was arbitrary and unjust.
Meanwhile, in defense, the FSSAI lawyer said that the High Court order was conditional. "Nestle India can only start manufacturing after a clearance is received. This verdict may have a bearing on the class action suit that the government filed against Nestle India on Wednesday," he added.
The Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution had on Wednesday filed a complaint under Section 12(1) (d) of the Consumer Protection Act, 1986 in the National Consumer Disputes Redressal Commission ( NCDRC) against Nestle India, seeking nearly Rs 640 crore penalty on grounds of unfair trade practices, sale of defective goods and sale of Maggi Oats Noodles to the public without product approval.
A fine amounting to nearly Rs 640 crore, the government had said that the penalty can go higher going ahead.
Food Safety and Standards Authority of India (FSSAI) had on June 5, ordered Nestle India to withdraw all nine variants of Maggi instant noodles from the market terming them “unsafe and hazardous” for human consumption.
The company had argued that FSSAI, while passing the order had acted arbitrary. They were not served any notice before passing the order of ban.
According to the FSSAI, laboratory reports show that Maggi noodles having excessive lead content, its harmful to the consumer, especially children who mainly eat it.
The company has also been accused of misleading the customers by mentioning “no added msg” on its packets.
However, the company had claimed it has been operating in India for 30 years, in additional to having a worldwide reach.
(With agency inputs)
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 "Maggi-lovers rejoice! Bombay High Court lifts ban on the two-minute noodles")
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