Respite for Nestle: High Court orders re-test of Maggi noodles

The Bombay High Court on Thursday ordered a re-test of Maggi samples by three accredited laboratories. It said Nestle could start selling the instant noodles brand and its variants if the samples were declared safe.

A Division Bench comprising Justice VM Kanade and Justice BP Colabawalla has asked Nestle to send five samples of all its noodle variants to laboratories in Hyderabad, Mohali and Jaipur to check the lead levels. The laboratories have been given six weeks to submit their reports. Nestle will not be able to sell Maggi until the findings are out.

The Food Safety and Standards Authority of India (FSSAI) had imposed a ban on Maggi noodles in June on the grounds that it found lead beyond the permissible limit. Several State food authorities, including that of Maharashtra, imposed similar bans.

Conditional relief Providing relief to Nestle, the court set aside the ban but made the ruling subject to the finding of the re-test. It said the company had not been given enough opportunities to present its stand, which was in violation of natural justice. 

Reacting to the order, the firm said: “Nestle India respects the decision by the Court to revoke the ban order passed by FSSAI and the FDA, Maharashtra, on Maggi Noodles and will comply with the order to undertake fresh tests.”

Hit by the ban, Nestle India posted a loss of ₹64 crore in the quarter ended June, against a profit of ₹288 crore a year earlier. Turnover fell 20 per cent to ₹1,934 crore. On Thursday, Nestle India shares closed at ₹6,356.70 on the BSE, up 3 nearly per cent.

“I can't say anything till I receive the court's order, only after that a future course of action can be decided — whether we will go to the Supreme Court or not," Ashish Bahuguna, Chairman, FSSAI, told PTI.