India's food safety regulator, the Food Safety and Standards Authority of India, has described Nestle's argument Maggi noodles are safe as "not… tenable".
According to the FSSAI, tests conducted by three Indian states have detected amounts of lead that exceed permissible levels under the country's food safety regulations. Authorities in Uttar Pradesh, Delhi and Tamil Nadu all confirmed elevated lead levels in Maggi noodles, the FSSAI said today (5 June).
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In a meeting with the FSSAI, Nestle executives argued testing protocols "had not been followed and interpreted correctly". The company suggested the dried noodles and seasoning should not have been tested individually but should have been tested as a combined end product. Moreover, the samples collected in Uttar Pradesh were tested as a combined end product but, Nestle suggested, the sample had "remained open for a considerable period" thus tainting the result.
However, the FSSAI rejected these arguments on the basis the seasoning and noodles are packaged separately and should therefore be tested separately. The authority also insisted no samples were tainted: "It is wrong to say that the sample remained in open condition for about two months".
The FSSAI said: "Detection of lead in a food product as a heavy metal contaminant beyond permissible levels renders the food product unsafe and hazardous." The body required Nestle to pull all nine varieties of Maggi noodles from the shelves.
The FSSAI also insisted Nestle's labelling of products as containing "no added MSG" was "misleading" because, although the food giant does not use MSG as an ingredient, naturally occurring glutimate is present in Maggi noodles.
In addition, the FSSAI was critical of Nestle for launching its Maggi Oats Masala Noodles with Tastemaker product "without getting the product assessed for its risk / safety and grant product approval".
The FSSAI said Nestle believed the product was launched at a time when an advisory requiring approval was under stay granted by an Indian court. However, the regulator said the product was exempt from this rule because it is a "propriety food".
The FSSAI ordered Nestle to withdraw the Maggi brand and "stop further production, processing, import, distribution and sale of the said product with immediate effect".
Earlier in the day, Nestle had said it is removing Maggi from shelves in India due to consumer confusion. The company said: "The trust of our consumers and the safety of our products is our first priority. Unfortunately, recent developments and unfounded concerns about the product have led to an environment of confusion for the consumer, to such an extent that we have decided to withdraw the product off the shelves, despite the product being safe. We promise that the trusted Maggi noodles will be back in the market as soon as the current situation is clarified."
Speaking during a press conference, Nestle CEO Paul Bulcke was quick to stress the firm is "working with the authorities" to ensure compliance. While Bulcke stressed his belief Maggi noodles are "safe", he insisted the consumer is the company's "number one priority".
