During proceedings on Wednesday, in regard to the ban on the Nestle product, Bombay Highcourt, it was concurred that NO ALCOHOL in India has received any product approval by the food safety regulator. Yet, it is being sold without any ban.
“The first thing that you should ban is alcohol. Nowadays, even schoolchildren have started consuming alcohol. It is injurious to health and is a food product. Cigarette is not because it does not fall in the category of food products,” said Justices V M Kanade and B P Colabawalla after the counsel of food safety regulator — Food Safety and Standards Authority of India (FSSAI) — defended the ban on Maggi noodles saying it was injurious to health.
Technically, alcohols fall under the category of Food Products. However, the same could not be done in the case of cigarettes or any other tobacco products, as they do not fall under the above mentioned category.
The hearing on Wednesday, 22nd July 2015, was to judge whether any action taken by the government, was arbitrary or was it justified. Nestle, obviously standing against the ban said that the ban was imposed merely on the basis of suspicion. Nestle cried foul, as many labs that tested the 2-minute noodles were not even accredited.
However the defence (state) claims that the said that Nestle India was giving an “erroneous impression” by putting a “no MSG (monosodium glutamate)” label on its products. A high content of MSG became the bone of contention over which Maggi noodles was banned on June 5.
According to the Indian Express:
The court also said that it was time to put section 22 of the Food Safety Act to test. The said section deals with all such food items that are banned unless the food regulator approves it. Section 22 of the Act states: “Save as otherwise provided under this Act and regulations made thereunder, no person shall manufacture, distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such other articles of food which the central government may notify in this behalf.”