When a manufacturer of a food product states on the packaging the health benefits of its ingredients, he is merely making a statement of facts which can by no stretch of imagination be deemed as advertisement to lure children and other impressionable minds, who are vulnerable to the mischief of exaggerated advertisements, especially when no expert has endorsed the product, held the Bombay High Court in Nestle India Ltd v. State of Maharashtra.

The labels on the food articles namely “Maggi Noodles” and “Maggi Teekha Masala Sauce” were in the eye of storm, with the food inspector finding fault with the arguably flashy information content on these, common in marketing. More specifically, exception was taken to averments such as “Maggi Noodles are packed with the power of Protein and Calcium. Protein helps improve muscle growth. Calcium helps build strong bones.” “Good to remember - Tomatoes are a good source of lycopene - an anti oxidant which helps strengthen your body’s natural defenses” etc.

The High Court held that there was nothing wrong in these statements of facts, and it is for the Government to prove that they were not. That the sauce manufactured by the petitioner contained only 4 per cent tomato, as alleged by the respondent, did not weigh with the court which pointed out that the petitioner had only stated a matter of fact that tomatoes are a good source of lycopene. The court went on to say that the petitioner had not used the services of a doctor or a nutritionist to sell its products, thus making it clear that statements emanating from experts must conform to the more rigorous tests of challenge. In other words, according to the court, had these statements come from experts, exhorting buyers to buy these products on grounds of health benefits, it would have been a different story all together.

(The author is a New Delhi-based Chartered Accountant)

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