In another setback for India's food safety regulator, the Supreme Court on Monday upheld the Bombay High Court order that had struck down the watchdog's advisory of May 2013, requiring prior product approvals for eight categories of food and health supplements.The apex court bench of Justice J.S. Khehar and Justice N.V. Ramana declined the plea of the Food Safety and Standards Authority of India (FSSAI) and said that if the watchdog wanted to add some more products under its wing, it ought to have sought a fresh government notification.This was also the ruling of the Bombay High Court delivered on June 30, last year.The apex court verdict comes close on the heels of the Bombay High court lifting the ban imposed by FSSAI on 'Maggi' noodles and also ordering fresh tests to ascertain its safety by three separate accredited labs.
The Bombay High Court judgment had quashed the food safety regulator's May 2013 advisory, while addressing the question whether it was issued with or without legal sanction and if such powers had been bestowed under Section 92 and Section 93 of the Food Safety and Standards Act, 2006.Section 92 spells out the power of the food safety authority to make regulations and Section 93 says that every rule and every regulation made under this act shall be laid before parliament.The high court order came after a company Vital Nutraceuticals, and the Indian Drug Manufacturers Association (IDMA) challenged the May 2013 advisory of the regulator.