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Are These ‘16 Easy Tests' to Check Whether Food Is 'Fake or Real'?
No notes for slide. Introduction 1 2. Acts relating to the case 2 2. Consumer Protection Act, 2 2.
13 steps for FSSAI full compliance
The Prevention of Food Adulteration Act, 2 2. Food Safety and Standards Act, 2 2. The Competition Act, 2 3. Case Analysis 3 3.
Maggi case issues 4 3. A twist to the case 5 4.
Are These ‘16 Easy Tests’ to Check Whether Food Is ‘Fake or Real’?
Conclusion 6 References 8 3. The First is the presence of lead in excess of maximum permissible levels of 2. Nestle India Ltd to withdraw and recall the 9 approved variants of Maggie instant Noodles from the market since these products having been found unsafe and hazardous for human consumption. The Authority also directed the company to further stop the production, processing, import, distribution and sale of the instant products from immediate effect, and also to immediately withdraw and recall "Maggie Oats Masala Noodles with Tastemaker" since the product has still not been approved by the Competent Authority.
Acts relating to the case 2. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith also. The act was passed in Assembly in October The Act extends to the whole of India and came into force on 1st June Food Safety and Standards Act, An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.
Under this legislation, the Competition Commission of India was established to prevent the activities that have an adverse effect on competition in India. This act extends to whole of India except the State of Jammu and Kashmir. It is a tool to implement and enforce competition policy and to prevent and punish anti- competitive business practices by firms and unnecessary Government interference in the market. Competition law is equally applicable on written as well as oral agreement, arrangements between the enterprises or persons.
They have sought about Rs crore as compensation. The word 'compensation' is again of very wide connotation.
FSSAI can hold retailers responsible if found selling unapproved products
It has not been defined in the Act. In legal sense it may constitute actual loss or expected loss and may extend to physical, mental or even emotional suffering, insult or injury or loss. Therefore, when the Commission has been vested with the jurisdiction to award value of goods or services and compensation it has to be construed widely enabling the Commission to determine compensation for any loss or damage suffered by a consumer which in law is otherwise included in wide meaning of compensation.
The provision in our opinion enables a consumer to claim and empowers the Commission to redress any injustice done to him. Any other construction would defeat the very purpose of the Act. The Commission or the Forum in the Act is thus entitled to award not only value of the goods or services but also to compensate a consumer for injustice suffered by him. In the FSS Act, , Section 20 deals with Contaminants, naturally occurring toxic substances, heaving metals etc which states that food products will only contain the quantities as specified by the regulations.
Section 22 deals with genetically modified foods, organic foods, functional foods, proprietary foods7.
Nestle India Ltd was asked to impose liability on celebrities for endorsing the products which is otherwise found to be unsafe and hazardous. It is pertinent to appreciate some of the relevant provisions dealing with advertisement under the FSS Act. Section 3 1 b of the Act defines "advertisement11" and section 24 1 12 of the Act deals with Restrictions of Advertisements and prohibitions as to unfair trade practices.
Section 53 of the Act deals with penalty for misleading advertisement13 and it imposes a penalty of Rs. The definition of advertisement is very wide when it comes to the liability of brand endorsers more so because 6. Further, besides imposing a fine of Rs. Does this not give an impression to the consumer that this food business operator is under the purview of the food safety authorities?
Can consumers not assume that food safety authorities would have taken due inspection to ensure the quality? During the whole Maggi episode, not even once did the FSSAI come out with a statement explaining how violations were allowed to take place at such a large scale. Non-identification of the source Nestle never came out with a list of particular units where violations took place.
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Please use a genuine email ID and provide your name. It is right step taken by the Supreme Court of India. In other food products no such procedure has been adopted.
At this stage, learned counsel appearing for the Food Safety and Standards Authority submits that the Penal would be reconstituted in terms of Section 13 1 of the Act,within two weeks from today and an affidavit would be submitted before this Court. Subscribe to Weekly Newsletter :. Donate Now.