The SC, by reviving a class action suit against Maggi, has brought back focus on food safety

Just when the dust had settled after the Indian branch of Swiss food giant Nestle suffered a brand hit with Maggi noodles being declared unsafe four years ago, it has run into fresh trouble. Taking cognisance of matters related to public health, the Supreme Court ordered the revival of a Rs 650-crore worth class-action suit filed by the Government that had pulled up the noodle manufacturer for indulging in unfair trade practices, false labelling of products and misleading advertisements. Not only that, Justice Chandrachud has questioned the presence of lead, even within traceable limits, and sought good reason why it should be fed to children. Though the sample test report from the Central Food Technological Research Institute, Mysuru — that had indicated lead in permissible limits — will form the genesis of the case, additional solicitor-general Vikramjit Banerjee said the matter should be sent to the National Consumer Disputes Redressal Commission which can decide on the merits independently.

The court’s circling of the presence of lead has again raised the issue of food safety standards in the country. Post-Maggi controversy, food companies, regulators, the Government and the consumers alike became more concerned about deconstructing food than being indifferent about it. The court’s observation points to the fact that  ingredients, even if they are within legally permissible limits, are never marked out clearly on the food label. The problem with managing lead concentration is that the heavy metal is largely present in the environment, in soil or plants, and cannot entirely be eliminated by washing or processing. It is also possible for lead to enter the food supply chain through manufacturing processes, leaching into the water that passes through metal pipes or vessels. According to the USFDA, although lead levels in the food supply decreased dramatically between the 1970s-1990s, low traces of lead continue to be detected in some foods simply because they remain in the environment. And for that it ensures a strict regulatory framework of monitoring and testing at frequent intervals, something that is far cry in India yet. Lead does impact our children’s health and development, vulnerable as they are in their early years, causing neurological problems, learning disabilities and lower IQ levels. Food safety, therefore, should not just be limited to packaged products but the raw ones as well. High levels of cadmium and arsenic are routinely found in vegetables and fruits we procure from the market. The milk we consume is heavily adulterated with detergents. Compromising on standards is often a mistake that consumers make and this is the real concern that must be addressed by the guardians of public health. Even with the case of Maggi, our laboratories itself stood divided — while Government laboratories found excess levels of lead and MSG, other labs found otherwise. This raises questions about the sampling procedure itself, which is not foolproof. This would require strict enforcement of the Food Safety and Standards Act, 2006, else meeting public health indices will remain elusive.