Why test Maggi again and again, asks Nestle

Nestle India Ltd on Thursday asked the apex consumer court why fresh tests were being ordered on Maggi noodles for safety when a similar exercise has already been conducted as per the directions of the Bombay High Court.

The matter came up before the National Consumer Disputes Redressal Commission, where a bench of Justices V K Jain and B C Gupta heard a class action suit filed against Nestle India for nearly three hours.

The judges said the commission would hear the application again on 15 October with regard to fresh tests on Maggi samples.

Nestle questioned the jurisdiction of the apex consumer court to try the Centre's Rs640-crore suit against it for alleged unfair trade practices pertaining to Maggi noodles, saying the Bombay High Court has already dismissed a similar plea.

The company told the NCDRC that there was nothing new in the government's suit as all the contentions were dismissed by the High Court in its 13 August order, which had set aside the countrywide ban on its Maggi noodles (See: Bombay HC lifts ban on Nestle's Maggi, orders fresh tests).

The counsel appearing for the firm said that Department of Consumer Affairs in its present suit has not relied upon any new evidence than what was proposed before the High Court.

The noodle manufacturer also raised doubts on the samples collected by the Food Safety and Standards Authority of India and claimed that these might have been tampered with.

Citing Bombay High Court order, the company sought to recall an earlier NCDRC order by which it had admitted the government's present suit against the noodles manufacturer.

In its petition, Department of Consumer Affairs has alleged that Nestle India had "indulged in unfair trade practices by false labelling of Maggi Noodles in as much as it states 'No added MSG' prominently on packet, despite presence of MSG."

The department has also alleged that the company sold "defective" goods to the public by selling Maggi noodles 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.

"We are waiting for the results of the samples from three government-recommended laboratories as it was ordered by the high court. As such what is the need of parallel tests," Nestle's attorney asked about the suit filed by the consumer affairs ministry for alleged unfair trade practices by Nestle.

Nestle's attorney said sampling should not be done to devalue the larger bench.

Apprehensions about the samples being tampered with cannot be ruled out as they were not recommended either by the FSSAI officials or the consumer directly, the counsel said.

On the issue of monosodium glutamate (MSG), the attorney said MSG was permitted for seasoning in noodles and since the product was not meant for children below 12 months of age, mentioning "No added MSG" on the packet was not mandatory.