The High Court (HC) yesterday directed the authorities concerned to immediately withdraw 52 food products of different brands from the market, which were found substandard by the Bangladesh Standard Testing Institution (BSTI). The HC ordered the authorities concerned to put on hold the production, selling or marketing of these substandard products until their quality is improved. It also gave direction to take appropriate legal action against the persons responsible for producing, selling, marketing and supplying the products.
The HC bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil passed the order after hearing a writ petition filed by Palash Mahmud, executive director of Conscious Consumer Society (CCS), in the form of a public interest litigation.
CCS filed the writ petition on May 9, seeking necessary order on the government to seize or withdraw the substandard foods from the market from all over the country, as it did not get any reply to a legal notice served on the authorities concerned on May 6.
The BSTI, Bangladesh Food Safety Authority (BFSA) and the Directorate of National Consumer Rights Protection have been asked by the HC to take necessary measures to this effect. The court also directed the Bangladesh Food Safety Authority (BFSA) and the
Directorate of National Consumers' Right Protection to comply with its order and submit a report within 10 days.
Lawyer Shihab Uddin Khan stood for the petitioner, Faridul Islam for BFSA, and Barrister M R Hasan for BSTI.
While passing the order, the HC requested the government and the Prime Minister Sheikh Hasina to declare a war against food adulteration, just like the anti-drug drive launched across the country. It also said that government officials should show their patriotism while performing their o duties and should make sure that the substandard food is not being supplied to the people.
There should not be any compromise and tolerance regarding food safety, the court said, adding that the drive against adulteration of food should not be limited only during Ramadan.
Petitioner Palash Mahmud said the HC gave a landmark verdict by asking the authorities concerned to remove substandard products from the market. “The court acted in the interest of 16 crore people,” he added.
Earlier, a surveillance team of the BSTI collected 406 samples of 27 types of popular food products in the last two months. These samples were tested in the BSTI lab. Out of these samples, the BSTI received the results of the tests for 313 samples. As many as 52 samples have been found of substandard quality as they failed in the parameter tests.
Among the food products are Teer mustard oil of City Oil Mill, GB mustard oil of Green Bleaching Vegetable Oil Industries Ltd, Pusti mustard oil of Shamnam Vegetable Oil Industries Ltd, Rupchanda mustard oil of Bangladesh Edible Oil Ltd, Sun chips of Kashem Food Products Ltd, Ara drinking water of Arra Food and Beverage Ltd, Al Safi Drinking Water, Mizan drinking water of Shahari and Brothers, Morn Dew drinking water of Morn Dew Pure Drinking Water Section, Duncan natural mineral water of Duncan Product Ltd., RR Dew drinking water of RR Dew Purifying Drinking, Dighi Drinking Water, Pran vermicelli of Pran Agro Ltd, Dudli noodles of New Zealand Dairy Products BD Ltd, Tasty, Tani, Taskia soft drink powder of Shanto Food Product, Priya soft drink powder of Jahangir Food Products, Danish turmeric powder of Danish Food Ltd., Pran turmeric powder of Pran Agro Ltd, Fresh turmeric powder of Tanvir Food Products.
Other products are ACI Pure coriander power of ACI Food Ltd., Pran curry powder of Pran Agro Ltd, Danish curry powder of Danish Food Ltd, Banalata Ghee of Banalata Food Ltd, Pure Hathazari chili powder of SS Consumer Products, Mishtimela vermicelli of Mishtimela Food Products, Madhuban vermicelli of Madhuban Bread and Biscuit Industry Private Ltd, Mithai vermicelli of Mithai Sweets and Bakery, Oil food vermicelli of Well Food and Beverage Co., ACI iodised salt of ACI Salt Ltd, Molla salt of Molla Salt Industry (unit-2), King flour of KR Food Industries Ltd, Rupsa fermented milk (curd) of Rusha Food Products, Mokka chanachur of Taiyeba Food Products, Mehedi biscuit of Imtiaz Bread and Food Products, Baghabari special ghee of Baghabari Special Ghee Co, suji of Messrs Nishita Foods, vermicelli of Messrs Madhuban and Products, turmeric power of Messrs Manjil Food and Products, Madhumati iodised salt of Madhumati Salt Industries, Sun turmeric powder of Sun Food, Greenlane honey of Greenlane Milk Products, Kiron vermicelli of Messrs Kiron Traders, Dolphin chili and turmeric powder of Messrs Abbas Ali Mudi Dokan, Surja chili powder of Messrs Rafiq Store, Jeddah vermicelli of Messrs Jeddah Food Industries, Amrit vermicelli of Messrs Amrit Food Products, Dada super iodised salt of Messrs New Jhalakathi Salt Mills, Tin Teer of iodised salt of Messrs Quality Salt Industries, Madina, Starship iodised salt of Messrs Lucky Salt Industries, Taaj iodised salt of Messrs Taaj Salt Industries and Noor Special iodised salt of Messrs Noor Salt.
Abu Shahid Saleh Mohammad Jubery, a director of BFSA, told The Independent that they have already received the HC order. “We will take action right from tomorrow. But it’s not going to be an easy job as the supply chain of the some of those brands is very large and their products are found even at the remotest part of the country.” Jubery said that they have also asked the BSTI to cancel the registrations of those particular substandard products of those particular brands. “In that way, the production of those could be thwarted,” he added.
How companies reacted:
Well Food Managing Director Syed Nurul Islam told the Independent yesterday that they have already begun withdrawing their product from the market, showing respect to the HC order.
“But we are confused as the standard of the product was approved by BSTI just one month before, when they collected the product sample from Chittagong,” he said.
“The product that was identified substandard bearing our brand may be not ours, and actually a counterfeit product. We have informed the situation to the court and the BSTI,” he added.
Mohammad Mofazzal Haque, director (marketing) of TK Group, said they have not received the court order yet. “We will comply with the HC order once we receive it,” he said. TK Group markets Pushti brand mustard oil.
A spokesperson of the Pran-RFL Group said they will comply with the HC order after receiving the official letter.
However, Kamruzzaman Kamal, Director Marketing of PRAN-RFL Group, said they are very much confident about the quality of their products. “Our products are getting produced as per BSTI approved standard maintaining highest level of care at every level of production, starting from the sourcing of raw materials to packaging of finished products. Recently, we got a letter from BSTI where they have termed our turmeric powder, fish curry powder & Lasscha semai as substandard since they were not meeting certain parameters of the standards as per their lab test report.”
“On getting the letter we have checked the products once again in our own laboratory and also from certified external laboratory where we found the products 100% alright as per BSTI standards. Accordingly, we requested BSTI with a formal letter urging them to retest the products and give us genuine results of the products. Hope we will get the retest report of BSTI soon and all issues to be resolved,” he said.
“With regards to the direction of the High Court yesterday, we are yet to get the copy of the order. We are a very much compliant and law-abiding company and we will take action as per the direction of the court upon getting the papers,” he added.
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