The apex consumer commission has directed further testing of 16 more samples of Maggi noodles in connection with the government's Rs 640 crore suit against Nestle India for alleged unfair trade practices, saying that "safety and interest of consumer has to be prime consideration in such matters."
A bench of National Consumer Dispute Redressal Commission (NCDRC) passed the order while rejecting the company's contention that if the request made by the Centre is granted, the process of testing will become an unending one.
"It cannot be disputed that some doubt on the safety of the product will continue to persist till issue involved is finally decided by way of an adjudication based on the laboratory reports.
"But, the product in question being a food product of mass consumption by almost every section of the society, it is imperative to test and analyse its ingredients in an exhaustive manner, before a clean chit can be given to it," the NCDRC said.
The commission noted that a number of laboratories, though not accredited with National Accreditation Board for Testing and Calibration Laboratory, have reported excess lead in the samples analysed by them.
Reacting to the developments, Nestle India said, "We are disappointed that the honorable Commission has yesterday given order directing further testing of 16 samples at Export Inspection Laboratory, Mumbai."
In its order, the commission rejected Nestle's contention that the report of tests of 13 samples, which was earlier sent to Central Food Technological Research Institute, Mysuru, should be awaited.
"We therefore, direct samples sealed and authenticated in terms of this order to be tested and analysed by Export Inspection Agency, Mumbai...
"Export Inspection Agency, Mumbai shall test and analysis the samples deposited by the officer of this Commission within two weeks of receiving the said samples and report the quantity if any of the lead and MSG found in the Maggi noodles and/or the taste maker kept in a small sachet, inside the pack of Maggi noodles and send its report to this Commission at the earliest," the NCDRC said, adding that entire proceedings should be videographed.
(Reopens LGD 32)
The order was passed on an application filed by the Department of Consumer Affairs, seeking testing of 50 samples of Maggi noodles seized by Food Standards and Safety Authority of India (FSSAI) to carry out the analysis/test for lead and MSG, separately for the noodles and tastemaker in each such packet.
The Department had requested that the samples be sent either to DFRL or to CFTRI to carry out the requisite analysis/test, with a direction to submit its report within 15 days.
The application was, however, opposed by the Nestle India on the ground that 13 samples has already been sent to CFTRI, Mysuru, for test and it would only be appropriate to await the report of that laboratory.
The case pertains to department's petition which has alleged that Nestle India had "indulged in unfair trade practices by false labelling of Maggi noodles inasmuch as it states 'No added MSG' prominently on packet, despite presence of MSG." Monosodium glutamate is a salt used in the food industry for enhancing flavour.
The department also alleged that the company sold "defective" goods to the public with the presence of lead and MSG and indulged in unfair trade practices by offering for sale Maggi Oats Masala Noodles with tastemaker without risk assessment and product approval.
Among other things, it has sought a direction to the company to recall all "defective" and "hazardous goods" with respect to Maggi noodles with tastemaker in all its variants and Maggi Oats Masala Noodles with tastemaker.
