New Delhi: Settling a decade-old controversy over lead and MSG content in Maggi Noodles, the National Consumer Disputes Redressal Commission (NCDRC) has cleared Nestle India in the consumer complaint which had accused it of violating prescribed food safety norms.
The NCDRC has said it was clear on the basis of a 2016 report ordered by the Supreme Court that the product was in compliance with prescribed food safety norms and there was no basis to proceed against Nestle India.
The Food Safety and Standards Authority of India (FSSAI) had in 2015 ordered Nestle India to immediately withdraw all approved variants of Maggi Noodles from the Indian market within a period of 24 hours based on allegations that its products contained excess lead, had added MSG (additive), and were also launched without approval.
The NCDRC was hearing a 2015 consumer complaint initiated by the Government of India against this backdrop which had alleged that Maggi Noodles were unsafe for consumption. The complaint alleged that this amounted to a violation of the Consumer Protection Act, 1986, and the Food Safety and Standards Authority of India Act, 2006, and claimed that this was an “unfair trade practice” and “deficiency in service”.
Unfair trade practices refer to use of deceptive methods to gain an advantage or cause injury to the consumer, while a deficiency in service means any shortcoming in the quality of the product or service.
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What did NCDRC say
In a detailed order, a copy of which is with ThePrint, NCDRC president Justice A.P. Shah said that it was clear based on a 2016 lab report ordered by the Supreme Court that Maggi Noodles were safe for consumption and there was absolutely no material to proceed against the Swiss-based conglomerate in the consumer complaint.
“…Neither the violation of the advisory nor the violation of the provisions of either the Food Safety and Standard Act, 2006, or any ingredient under the Consumer Protection Act, 1986, appears to have been established for proceeding to grant any relief in this complaint,” observed the Commission.
It also emphasised that there was no basis to proceed with the complaint as the scientific analysis/clarifications from the report had cleared the company of any wrongdoing. Justice Shah also said the complaint raised “serious concerns” about the quality of the products, but a balance must be struck and the legal due process must be followed by manufacturers.
“The cause therefore undertaken through this complaint was a cause initiated for protecting the welfare of the citizens of this country. However, this is subject to the rule of law and a complaint cannot be or intended to be for causing any undue harassment to a product manufacturer,” he said.
The main relief for Nestle India in the case is based on the report of an expert laboratory which had found lead content in Maggi Noodles to be within permissible levels in 2016, which has now been relied upon by the NCDRC.
This report was ordered by the top Court in 2015 on the basis of a government application before it which sought testing of the product.
On the basis of the request, the Supreme Court had ordered the CSIR-CFTRI (Mysore) to provide a report on the safety of Maggi Noodles. The court had specifically asked the institute to determine whether “lead” and “glutamic acid” (which contain MSG) were within the permissible levels according to prescribed food safety norms.
In its report, submitted in 2016, the institute stated that lead levels in Maggi Noodles were under control. “Lead content of the 13 samples analysed were found compliant with the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations 2011,” it had said.
Regarding the presence of MSG in Maggi noodles, the report had said that a scientific determination was not possible as to the MSG levels, which could only be revealed during the manufacturing process.
Senior Advocates Harish Salve and Amit Sibal, appearing for Nestle India (Maggi Noodles) before the top court contended that it was clear on the basis of this report that the MSG content can only be tested during manufacturing process, and no such evidence was submitted against Nestle India.
In the absence of any such material, the question of protecting citizens from such “contaminated food” did not arise at all, they submitted.
On the other hand, Additional Solicitor General Vikramjit Banerjee appearing for the government said that even if the report is correct, it ought to be “independently examined” by the court.
There are various issues such as Maggi Oats Noodles being launched without approval which are open for NCDRC’s decision, he said.
He also said that the finding as to the MSG levels was not determined and if MSG levels were found, it would constitute as an improper labelling of “no added MSG” claims by Maggi Noodles. Such labelling of “no added MSG” is not the practice internationally in the US and Canada, and there was no need for Nestle India to make such a claim, he submitted.
However, the NCDRC relied on the 2016 report and accepted the contentions of Nestle India’s lawyers that Maggi Noodles had been incorrectly banned.
“Mr Salve and Mr Sibal are correct in their submissions that without there being any material in the light of the aforesaid provisions there is no question of treating the product to have been rightly banned,” the Commission noted.
“There is therefore neither any deficiency nor any unfair trade practice established against the opposite party”, it added.
(Edited by Amrtansh Arora)