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8. One of the products which has been manufactured by the Petitioner is known as "MAGGI Noodles". Petitioner had been manufacturing and selling this product for more than 30 years and at no time they had come to the adverse notice of the Food Authorities in the past and also at no point of time criminal prosecution was launched against the Petitioner either for violation of the old Act or the new Act after it came into force in 2006 till the impugned order of ban was passed on 05/06/2015. Petitioner manufactured 9 variants of these noodles which are known as under:-

         Serial               MAGGI Noodles Variants
         No.

1. ● MAGGI Xtra Delicious Chicken Noodles

2. ● MAGGI Thrillin Curry Noodles

3. ● MAGGI Cuppa Mania Chilly Chow Masala YO

4. ● MAGGI Cuppa Mania Masala YO WPL/1688/2015

5. ● MAGGI 2 Minutes Masala Noodles / MAGGI Hungroo Noodles

6. ● MAGGI Vegetable Multigrainz Noodles

7. ● MAGGI Vegetable Atta Noodles 8 ● MAGGI Xtra Delicious Magical Masala Noodles

9. ● MAGGI 2 Minute Masala Dumdaar Noodles These noodles are pre-cooked products. The purchaser is instructed to cook the noodles alongwith the taste maker which is separately packed inside the packed product and it has to be mixed in water and boiled for two minutes and, if necessary, the purchaser can add other vegetables to the noodles and consume them as a food supplement. Petitioner was granted license to manufacture these products even prior to the New Act coming into force in 2006. License was granted to the Petitioner under the old Act viz Prevention of Food Adulteration Act in the year 1983. After 2006, Petitioner continued to manufacture noodles and in the year 2012 certain advisories were issued by the Food Authority - Respondent Nos. 1 and 2 introducing a regime which was called a product approval regime. Petitioner, accordingly, applied for product approval and the product approval was granted to 8 out of the 9 variants of noodles.

9. So far as one of the Variants is concerned viz " MAGGI Oats Masala Noodles", at the relevant time, when the said product was to be introduced in the market, the advisory viz WPL/1688/2015 of obtaining product approval was stayed by the High Court in Writ Petition No.2746 of 2013 in the case of Vital Nutraceuticals & Ors vs. Union of India & Ors. According to the Petitioner, since the stay order was in operation, they did not apply for product approval. However, the judgment and order of this Court was stayed by the Apex Court by its order dated 13/08/2014 passed in SLP (Civil) No.8372-8374 of 2014 (Food Safety Standards Authority of India vs. Vital Nutraceuticals Private Limited & Ors)