Food safety regulator, FSSAI issued orders to withdraw nine versions of Maggi instant noodles earlier this month
Nestle India Ltd today told the Bombay High Court that the orders of the Food Safety and Standards Authority of India, or FSSI, banning nine variants of its popular "Maggi" noodles were "drastic" and "arbitrary."
Central and food authorities of several states had banned the product after tests revealed the noodles had more lead than permissible.
"Parents have been told that their children have been poisoned for 30 years. It's not a product which has failed safety standards and then thrust on a third world country. It is sold in other countries too. Maggi noodles are safe," senior counsel for the multinational Iqbal Chagla argued.
Mr Chagla also pointed out that the samples tested were manufactured in January 2014 and the "best before" expiry date was on 9 months. He, however, insisted that the samples were tested in January 2015, several months after they had expired. "Moreover, they were kept open to the elements from January 27th 2015 to March 31, 2015," he said.
Nestle's legal team also argued that it was not just a commercial issue, but also one of reputation since they had been found guilty as charged even before the showcause notice was given to them. While only 3 of the 9 variants had violated regulations, they argued, the FSSI banned other variants without even testing them. "Can powers be exercised in this cavalier manner?"
The court said since Nestle itself has withdrawn Maggi, there was no immediate question of staying the ban. Hence it asked the state and the Central governments to issue a 72-hour notice to the company if they indented to take coercive action.
Last week, as multiple states tested the noodles for high lead content and MSG, a taste-enhancer, Nestle announced that it was withdrawing the noodles temporarily from the Indian market, promising to be back soon.
On the same day, the FSSAI issued orders to withdraw nine versions of Maggi instant noodles and alleged that lab reports showed the noodles were "unsafe for consumption".
Nestle has said the samples tested and found to contain excess lead in Uttar Pradesh, which started the controversy, had expired last November and had been left in the open from January to March.
The court has now given the state and central governments two weeks to file a reply. The matter has been posted for the next hearing on June 30.