Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Legal Aspects of Food Safety in India

Cite this Article

Aarushi Shrivastava (2026). Legal Aspects of Food Safety in India. The Indian Journal for Research in Law and Management, Volume IV(Issue 1). Retrieved from https://ijrlm.com/journal/legal-aspects-of-food-safety-in-india/

Abstract

Food safety is an essential component of public health, requiring an effective regulatory framework that balances consumer protection with procedural fairness and the rule of law. This article examines the legal dimensions of food safety regulation in India through a critical commentary on *Nestlé India Ltd. v. Food Safety and Standards Authority of India*, decided by the Bombay High Court on 13 August 2015 in the context of the Maggi noodles controversy. It analyses the statutory framework established under the Food Safety and Standards Act, 2006, with particular emphasis on the scope of regulatory powers, compliance with the principles of natural justice, and the evidentiary significance of testing conducted by accredited laboratories. The commentary evaluates the Court’s reasoning in setting aside the impugned prohibitory orders on grounds of procedural irregularity, lack of demonstrated statutory authority, and deficiencies in the reliability of the testing process. It further considers the relationship between urgent public health intervention and the requirement to provide affected food business operators with a fair opportunity to be heard. By examining subsequent judicial and regulatory developments, the article assesses the continuing relevance of the decision for food safety enforcement in India. It argues that effective regulation requires not only prompt action against potentially unsafe food but also legally authorised decision-making, scientifically reliable evidence, and transparent procedures. The article concludes that adherence to these safeguards strengthens regulatory accountability and public confidence without diminishing the fundamental objective of protecting consumers from unsafe food. Keywords: Food Safety; Food Safety and Standards Act, 2006; FSSAI; Nestlé India Ltd. v. FSSAI; Natural Justice; Accredited Laboratories; Regulatory Powers; Consumer Protection.

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The Indian Journal for Research in Law and Management
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2583-9896
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