The National Consumer Disputes Redressal Commission (NCDRC) dismissed the Central Government’s complaint against Nestlé India regarding the safety of Maggi noodles.
NEW DELHI: Today (12th April): The National Consumer Disputes Redressal Commission (NCDRC) dismissed the Indian government’s complaint against Nestlé India regarding the safety of its Maggi noodle products. The complaint, filed in 2015, accused Nestlé of unfair trade practices and alleged impermissible lead levels in the popular instant noodle brand.
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However, the NCDRC’s recent order cited a report from the Central Food Technological Research Institute (CFTRI) that found the lead content in Maggi noodles to be within permissible limits, leading to the dismissal of the complaint.
The NCDRC, headed by President Justice AP Sahi, carefully reviewed the CFTRI report and concluded that it did not implicate Nestlé in any wrongdoing. The report confirmed that the lead content in the tested Maggi noodle products fell within acceptable levels. Based on this scientific analysis and the clarifications issued by the government itself, the commission found no substantial evidence to support the allegations made against Nestlé, leading to the dismissal of the complaint.
“The Commission ultimately concluded that since the scientific analysis and clarifications from the Government did not implicate the Opposite Party (Nestlé), there was insufficient evidence to support the allegations in the complaint, leading to its dismissal.”
In 2015, the Food Safety and Standards Authority of India (FSSAI) directed Nestlé to recall nine variants of Maggi noodles due to concerns over the “No added MSG” labeling and significant lead content found in certain variants. Nestlé complied with the order and challenged it in the Bombay High Court, which granted a stay on the government’s directive.
Later, the Bombay High Court ruled in favor of Nestlé, allowing the company to resume business. Subsequently, the Central Government filed a complaint with the NCDRC, and the matter also reached the Supreme Court, which directed an analysis of the noodles by the CFTRI. The CFTRI report, which confirmed permissible lead levels, played a crucial role in the NCDRC’s decision to dismiss the complaint.
During the proceedings, Additional Solicitor General (ASG) Vikramjit Banerjee argued that
Even if the CFTRI report was accurate, Nestlé had engaged in deceptive labeling with regard to Monosodium glutamate (MSG) levels. The ASG also raised concerns about the launch of Maggi Oats Noodles without proper approval and cited international standards highlighting the hazards of MSG consumption.
Nestlé’s counsel, Senior Advocate Harish Salve, countered these arguments by pointing out that the advisory questioned by the Government quashed by the Bombay High Court. Salve also highlighted the CFTRI report’s clarification that distinguishing between naturally occurring Glutamic Acid and added MSG was not possible without an appropriate analytical method. He emphasized that the report confirmed permissible lead levels and that there was no evidence to show the addition of MSG during the manufacturing process.
Based on the CFTRI report, which was not opposed by the Central Government, the NCDRC determined that the lead content issue was resolved. The commission also noted that the government’s clarification required an inspection of the manufacturing premises to verify the presence of MSG, which had not been conducted. Consequently, the NCDRC concluded that no violations of the Food Safety and Standards Act or the Consumer Protection Act were established, leading to the dismissal of the complaint.
Case Title: Union of India v Nestlé India Ltd
