NCDRC dismisses 2015 complaint by Indian Government against Nestlé over safety of Maggi noodles

The National Consumer Disputes Redressal Commission (NCDRC) has dismissed the Indian government's 2015 complaint against Nestlé India over the safety of its Maggi noodle products [Union of India v Nestlé India Ltd]..The Indian government had accused Nestlé of engaging in unfair trade practices by adding a 'No added MSG' label and claimed that the instant noodle product contained impermissible lead levels..However, in an April 12 order, NCDRC President, Justice AP Sahi noted that a Central Food Technological Research Institute (CFTRI) report categorically found that the lead content in the tested Maggi noodle products was within permissible limits.."Once the scientific analysis and the clarifications issued by the Government itself do not and have not indicted the Opposite Party (Nestlé), there is no material to support the allegations made in the complaint for proceeding any further," the Commission eventually concluded, while dismissing the complaint against Nestlé..In 2015, the Food Safety and Standards Authority of India (FSSAI) had directed Nestlé to withdraw and recall nine variants of Maggi noodles to rectify the 'No added MSG' labels. The food safety authority also cited studies that revealed significant lead content in different variants of Maggi noodles.It further directed the complete withdrawal of Maggi Oats Masala noodles within 24 hours on the ground that the said product did not undergo risk assessment or get the appropriate approval for its release to the Indian market. Nestlé was issued a show cause notice as well regarding the product approval for nine variants of its instant noodle products.The company immediately withdrew its products as ordered, but challenged the move before the Bombay High Court. Taking note of the voluntary withdrawal by Nestlé, the High Court stayed the government's order. Eventually, the Bombay High Court allowed the challenge and permitted Nestlé to resume business..Subsequently, the Central government filed a complaint before the NCDRC. The matter also reached the Supreme Court, which directed an analysis of the noodles by Central Food Technological Research Institute (CFTRI) and left it open to the NCDRC to evaluate the report. This report, the NCDRC found, indicated that the lead content in Maggi noodles was within the permissible levels. .Additional Solicitor General (ASG) Vikramjit Banerjee contended that even if the report were assumed to be correct, the issue regarding Monosodium glutamate (MSG) levels in the Maggi products remained. Nestlé had still engaged in deceptive labelling of its product, the ASG said. Further, the ASG pointed out that the Maggi Oats Noodles product had been launched without any approval.He also referred to the standards published by the United States Food and Drugs Administration and a publication of Health Canada to contend that the consumption of MSG is hazardous..The ASG's arguments were opposed by Senior Advocate Harish Salve for Nestlé, who pointed out that the advisory based on which the approval for Maggi Oats noodles was questioned had eventually been quashed by the Bombay High Court. Salve further pointed out that as per the CFTRI report, the presence of MSG was dependent on various factors including the naturally present Glutamic Acid and also the contents of the food product.He highlighted that the laboratory itself had clarified that in the absence of any analytical method to distinguish between the naturally present Glutamic Acid and added MSG, the institute could not render any opinion regarding the label claim of "no added MSG." He further pointed out that the report found the lead content in the noodles to be within permissible levels. Moreover, he contended that there was no material available to show that MSG was added during the manufacturing process of the products. Therefore, the complaint was unfounded, the NCDRC was told..Since the CFTRI report was not opposed by the Central government, the NCDRC determined that the issue relating to lead content in Maggi was closed.The issue of MSG also stood answered by the report, the Commission observed. It noted that as per a clarification issued by the government itself, the presence of MSG should be checked through the investigation of the manufacturing premises.While so, the NCDRC observed that there was no inspection undertaken at the stage of manufacturing at the production unit for having proceeded against Nestlé.The Commission concluded that no violation of either the Food Safety and Standard Act or the Consumer Protection Act was made out by the Central government. Therefore, it dismissed the complaint by the Central government..Along with ASG Banerjee, Central Government Standing Counsel (CGSC) Mukul Singh as well as advocates Siddhartha Sinha, Ira Singh and Prashant Rawat appeared for the Central government. .Along with Harish Salve, Senior Advocate Amit Sibal as well as advocates Ravinder Narain, Rajesh Batra, Siddharth Banthia, Smarika Singh, Saifur Rehman, Sarim Khan, Sonia Kukreja, Rohit Chandra, Darpan Sachdeva, Rishabh Sharma and Arjun Rana appeared for Nestlé..[Read NCDRC Order]