2. About Nestlé
• MNC with largest food and
beverage earning co. having
headquarters in Switzerland.
• Incorporated in India in 1956
• First production plant-1961
• By 2006-7 plants & 4 offices
• Nestlé manufactures food products
like infant food, beverages,
chocolates, confectionaries and
milk products.
3. APPROACH TO COURTS
Bombay high court –
FSSAI imposed Ban on Maggi and conduct a safety test
Supreme court –
FSSAI approached supreme court stating to conduct a test by a neutral
agency picked samples
4. What and why there is
‘Food & Safety Act,2006’?
• Cover all food laws under one regulation
• Establishment of FSSAI under the Act.
Objectives of Act:
• Lay scientific standards
• Regulate the processes
• Protect & promote public health
• Prohibition of hazardous consumption
5. Maggi dispute
Random sample of
Maggi at a Retail
Store
Testing for
content & safety
level of
consumption
Test results
showed ‘MSG’ in
product
Inspector
alleged Nestlé
for mislabeling
Sent to Food
Lab in
Gorakhpur
Notified FSSAI
and Nestlé
6. ISSUES
Presence of Lead in excess of the permissible safety limit
Under FSS Regulations 2011 lead content in food not specified category must not be
more than 2.5 ppm.
Violation of Labeling Regulations
Under the FSS Regulations 2011 Prepackaged food shall not be described or
presented on any label or in any labeling manner that is false, misleading or
deceptive or is likely to create an erroneous impression regarding its character in any
respect.
FSSAI alleged that label of the said product specifically mentions ‘’No added MSG’’
whereas, the product was f
Release of non-standardized produce
7. MERCHANTABILITY OF THE PRODUCT
The warranty of merchantability is based off the idea that the seller is in a better state to
know whether a product will perform properly.
The warranty ensures that the product sold will:
Pass without objection in the trade
Be of uniform quality and quantity
Be fit for its ordinary purposes
Be adequately packaged and labeled
Conform to its labels
Since, the product wasn’t properly packaged and labeled due to the non-disclosure of the
actual MSG and lead content in it, led to breach of warranty of merchantability.
8. CONCLUSION
More testing to be done by NABL
Maggi resumes its selling in India due to lack of evidence
Currently Maggi has 76% of market share in India