For the first time, the consumer affairs ministry has filed a class action suit under a provision in the Consumer Protection Act, 1986, against Nestle. The government’s decision to sue for damages reportedly in the range of Rs 640 crore comes after the consumer goods company’s popular Maggi noodles were alleged to be unsafe for human consumption because they were found to have hazardous levels of lead. Nestle is also accused of misrepresenting the product in advertising and on the packaging, and Maggi has been banned in many Indian states. The company is challenging the ban in the Bombay High Court, which has reserved judgment on the matter.
The government’s unprecedented use of the class action device must be seen in this context. While the invocation of a class action — a predominantly US phenomenon — is welcome, the government’s choice of contest appears built on sadly flimsy foundations. Since the scare broke out in June, the food safety regulator’s contention that Maggi contains monosodium glutamate, or MSG, and high levels of lead has been hit by findings from labs accredited by the Food Safety and Standards Authority of India (FSSAI) and labs abroad, such as in the UK, Singapore and Canada. Made-in-India Maggi has passed tests in those countries, casting doubt on the integrity and ability of test labs and facilities in India. Far from building confidence in a robust food safety regime, the contradictory results raise questions about the competence of the FSSAI and the job it is doing in certifying other food products as fit for consumption.
