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the National Consumer Disputes Redressal Commission (for short, 'NCDRC'). Vide interim order dated 15.10.2015, the NCDRC directed analysis of 13 samples, which were in possession of Department of Consumer Affairs, by Referral Laboratory CFTRI Mysore. Subsequently, of it also directed that out of seized stocks of Maggi Noodles in the custody of FSSAI, 16 samples be sent for testing the presence of lead in any form rt whatsoever and Monosodium Glutamate (MSG) including their quantity in the said samples at Export Inspection Agency, Egmore, Chennai.
11. Being aggrieved and dissatisfied with the orders passed by NCDRC, M/s Nestle India Limited filed petition before the Hon'ble Apex Court i.e. Civil Appeal No.14539 of 2015. FSSAI also preferred SLP against the judgment of Bombay High Court bearing SLP Civil No.33251 of 2015. Both the afore cases were taken-up together for hearing.
Hon'ble Apex Court called for and received the reports of 13 samples sent by NCDRC to Referral Laboratory i.e. CFTRI Mysore, where lead was found to be within prescribed maximum limit of 2.5 ppm (Annexure J in Cr.MMO No.1199 of 2022). Hon'ble Apex Court vide order dated 13.01.2016, ordered 16 samples taken from FSSAI to be analysed by CFTRI Mysore, and directed afore laboratory to apprise the Court 2026:HHC:12475 whether result of test report relating to lead and glutamic acid was within permissible limit or not and also whether test relating to glutamic .
acid includes test relating to MSG. Vide order dated 13.01.2016, Apex Court directed that the copies of result of analysis as well as opinion of CFTRI, Mysore, be provided to M/s Nestle Limited (Annexure K in Cr.MMO No.1199 of 2022.
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12. Head of CSIR-CFTRI, Mysore, Dr. Asha Martin issued letter dated 16.03.2016 (Annexure M in Cr.MMO No.1199 of 2022) and rt provided comments as well as opinion with regard to the clarification sought by the Hon'ble Apex Court by way of order dated 13.01.2016. The letter, opinion of Director, CFTRI Mysore and test reports of CFTRI, Mysore, suggest that samples were tested on all parameters and thereafter the opinion of Director, CFTRI was given. The reports of 13 samples sent by NCDRC to CFTRI, Mysore, where lead was found to be within prescribed maximum limit of 2.5 ppm is at Annexure L in Cr.MMO No.1199 of 2022. In view of clear opinion given by Dr. Asha Martin, Head, Food Safety & Analytical Quality Control Laboratory, CSIR-CFTRI, an ISO 9001:2008; 14001:2004 and 17025:2005 (NABL), which is also a Referral Laboratory, Hon'ble Apex Court disposed of the Civil Appeal No.14539 of 2015, vide order dated 03.01.2019, inter alia holding that the report which has been received from CFTRI should be 2026:HHC:12475 the basis of adjudication of complaint before NCDRC. (Annexure M in Cr.MMO No.1199 of 2022).
Civil Appeal No.14539 of 2015. As has been taken note hereinabove, Hon'ble Apex Court vide order dated 13.01.2016, ordered 16 samples taken from FSSAI to be analysed by CFTRI Mysore, and directed afore laboratory to apprise the Court whether contents of lead and glutamic of acid was within permissible limit or not and also whether test relating to glutamic acid includes test relating to MSG. Since reports of 13 samples rt sent by NCDRC to Referral Laboratory i.e. CFTRI Mysore, suggested that lead content was within prescribed maximum limit of 2.5 ppm, Hon'ble Apex Court, having taken note of clear opinion given by Head, Food Safety & Analytical Quality Control Laboratory, CSIR-CFTRI, vide order dated 03.01.2019 held that the report which has been received from CFTRI should be the basis of adjudication of complaint before NCDRC, which subsequently dismissed the complaint filed by Union of India, holding that there is no evidence of deficiency in goods sold by Nestle.