Bombay HC declined to grant stay on FSSAI’s ban order
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Mumbai: The Bombay High Court on Friday refused to stay the order banning Maggi and directed the Central and state food authorities to file their reply on the petition within two weeks. The court did not grant any relief to Nestle India, observing that the company was anyway in the process of recalling its disputed food products.
On request of advocate Mehmood Pracha, who was representing the Food Safety and Standards Authority of India (FSSAI), a division bench of Justices V.M. Kanade and B.P. Colabawala clarified that India’s food regulator could initiate action on Nestle after giving a 72-hour notice to the company.
Senior counsel Iqbal Chagla, representing Nestle India, argued that the CEO of FSSAI passed the order banning Maggi in a drastic and arbitrary manner. He said that as per law, the food regulator cannot pass such an order banning a food product without issuing a notice, but in this case allegations were made against the company as if guilt was proved, and after banning a showcause was issued seeking an explanation why product approvals should not be cancelled.
He claimed the law does not empower the officer with independent powers and he cannot pass such an order without issuing a notice to the company. Advocate Chagla also claimed that though the authorities tested only three products from the market, but banned all nine variants.
Arguing that the result can’t be relied on, he said the tastemakers and Maggi are packed and sold separately inside the packet, but it is mixed and cooked in hot water before consumption. The process reduces the lead in the food product.
Starbucks in talks with FSSAI:
Global coffee chain Starbucks on Friday said it is working with Central food safety regulator FSSAI on its pending applications after being asked to clarify on reports of the cafe chain selling rejected products in India.
In a reply to BSE, which sought a clarification on reports that Starbucks outlet is still selling products rejected by FSSAI, Tata Starbucks CEO Avani Davda said, “We are diligently working with the FSSAI to provide the technical information relating to our pending applications that they have requested.” The rejected products include coffee frappucino, vanilla syrup and hazelnut syrups.
( Source : deccan chronicle )
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