In a major relief to Nestle India, the Bombay High Court on Tuesday allowed it to export Maggi noodles despite its ban in the country.

A division bench comprising Justices V M Kanade and B P Colabawalla allowed Maggi’s export after Food Safety and Standards Authority of India (FSSAI) said the company could export the product if it is as safe as it claims.

“Why blame us...If the company claims that its product is safe and follows the safety standards then let them export it instead of destroying (packets of Maggi noodles after recalling and withdrawing from stores),” said FSSAI counsel Mahmood Pracha.  “If the products are safe why do not they export?” he said.

The matter has now been posted for July 14.

Nestle India’s counsel Iqbal Chhagla said by the end of the month, the company would destroy 17,000 crore packets of Maggi. “Of these, 11,000 crore packets are being recalled from the market,” he told the court.

The Maharashtra government submitted that ex-Advocate General Darius Khambata would appear on its behalf, and sought a short adjournment.

The bench subsequently posted the matter to the mid of next month. Advocate Sumedha Rao intervened in the matter, saying Nestlé India should come out with a plan to protect customers. However, the court did not allow her plea saying she can file a separate petition.

On June 11, Nestlé asked the high court to quash the Delhi-based FSSAI’s June 5 order asking the company to recall all nine variants of Maggi from the market since they were for human consumption.

On June 6, Maharashtra government passed an order to ban the product in the state.
Justifying its ban in an affidavit, the FSSAI said: "The present situation has arisen only because the company has failed to adhere to its own declared policy and principles.