Just as instant noodles Maggi is readying for a comeback and hit retail stalls this month, the Food Safety and Standards Authority of India (FSSAI) on Monday moved the Supreme Court against Bombay High Court''s order lifting the ban on the popular instant noodles brand.
The High Court had sought to wipe the smear off the Swiss giant Nestle by revoking the ban on the noodles in August this year. Food authorities had earlier deemed Maggi products unsafe for consumption and Maharashtra government had accused the company of not complying with the Food Safety and Standards Act, 2006.
The High Court held the FSSAI orders to be "arbitrary, unjust and violative of Article 14 of the Constitution". But keeping in mind public interest and health, it had ordered the re-testing of Maggi samples within six weeks in three accredited labs.
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Subsequently, earlier this month, Nestle had informed that tests done on fresh Maggi samples provided to government approved labs were found safe and retail sales would start shortly.
But FSSAI challenged the High Court order as erroneous and questioned in the Supreme Court the “sanctity” of the samples provided to the government-approved labs for the re-test, sources with the top food regulator said.
They said the FSSAI petition has contended that the High Court erred by asking the company itself to provide the fresh samples instead of asking a neutral authority to do so. They said it was like asking a person under suspicion to give evidence against himself. Further, they said that the element of surprise was also lost.
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The High Court had lifted the ban on a petition filed by Nestle India for quashing an order of FSSAI declaring the food product to be unsafe for consumption. The ban had forced Nestle to destroy over 25,000 tonnes of Maggi.