Since the 1980s, Maggi noodles have kept on deceiving billions of consumers by misleading advertisements featuring mothers feeding noodles to their children, giving the not-so-subtle message that Maggi noodles are 'fast to cook' for mothers and 'better to eat' for kids. And if the mothers and their children didn’t convince you into buying Maggi, the superstars like Amitabh Bachchan trick you by narrating stories of how Maggi touched people’s heart. People in India idolize celebrities. In India, people consider Sachin Tendulkar as God. The public who desperately craves for justice in every case wants Salman Khan to be forgiven in the Hit and Run case. So, when Shahrukh Khan applies Fair and Handsome on his face, more customers are attracted than Vicco Turmeric as it is endorsed by a noncelebrity. Similarly, watching the fitness queen, Madhuri Dixit, who is a role model for girls as well as for mothers, feeding her children Maggi noodles after an exercise session will affect the minds of youngsters as well as elders. Hence, there is no doubt that promotion of any such product by such celebrities makes the product attractive and its hold on the market gets more and more stronger.
The controversy of Maggi noodles
On 3rd June, 2015, the Union Food and Consumer Affairs Minister, Mr. Ram Vilas Paswan ordered safety checks on Maggi noodles after the food inspectors in several states said that the test batches of the famous noodles were found to contain high levels of lead. In Uttar Pradesh, the Food Safety and Drug Administration found 17.2 (ppm) lead content in the routine tests on Nestle noodles – almost seven times the prescribed legal limit.
In response to this accusation, Nestle said that it had conducted several internal as well as external tests of almost 125 million Maggi noodle packets which proved that lead levels are within the prescribed limits as specified by the food regulations and the noodles are safe to eat. According to the Delhi government, “The prescribed maximum limit of lead is 2.5 ppm.” The government also said that about five masala samples were having monosodium glutamate without label declaration. This falls under the issue of misbranding. In April, 2016, a particular batch of the noodle brand followed a recall order.
In response to this accusation, Nestle said that it had conducted several internal as well as external tests of almost 125 million Maggi noodle packets which proved that lead levels are within the prescribed limits as specified by the food regulations and the noodles are safe to eat. According to the Delhi government, “The prescribed maximum limit of lead is 2.5 ppm.” The government also said that about five masala samples were having monosodium glutamate without label declaration. This falls under the issue of misbranding. In April, 2016, a particular batch of the noodle brand followed a recall order.
Are Celebrities liable?
According to Section 24 of the Food Safety and Standards Act, 2006 misleading advertisements are restricted. It states that, “no person” shall be permitted to engage or support in misleading representation, especially if concerning the “standard, quality, quantity or grade-composition” and the “need for, or the usefulness” of a food product. One should not make statements which “gives to the public any guarantee of the efficacy and efficiency [of the product] that is not based on an adequate or scientific justification thereof.”
So, according to the law, any person, who is endorsing a product which is misleading would be liable under the law. It is not just applicable to the celebrities but for non-celebs as well. Also, as per Section 53 of the same Act, a penalty too can be imposed upon them.
Yes! Celebs are liable!
Undoubtedly, advertisements place a strong impact on the society. Celebrities are made by fans. It is the approval of the people that make them celebs. If they get their bread and butter from the society, then, don’t they owe at least this much to the society that before endorsing any product, they inspect its quality.
In this era, where law has evolved to such a great extent that even a small corporation or a company has a corporate social responsibility, then why should the celebrities, or should we rather say, the highly privileged citizens of our beloved country not be made liable for endorsing such low-quality products or for being irresponsible towards the people who have given them the status and position they are enjoying.
Such kind of false and highly misleading advertisements is nothing but taking advantage and exploiting the fan following by celebs and the big brands with lots of money. Also, one should notice that these endorsements have become highly competitive over the time and it is quite a usual practice that celebrities in order to remain ahead of another, chose to endorse certain products without properly checking and evaluating their quality.
This means that celebs themselves confess that they send a clear message to the society through such misleading advertisements and Amitabh Bachan himself stated after he stopped working for Pepsi, that he would not endorse anything that is unhealthy and misleading. This clearly depicts that the celebs actually know and understand what their responsibility is but, are ignorant.
Such kind of false and highly misleading advertisements is nothing but taking advantage and exploiting the fan following by celebs and the big brands with lots of money. Also, one should notice that these endorsements have become highly competitive over the time and it is quite a usual practice that celebrities in order to remain ahead of another, chose to endorse certain products without properly checking and evaluating their quality.
This means that celebs themselves confess that they send a clear message to the society through such misleading advertisements and Amitabh Bachan himself stated after he stopped working for Pepsi, that he would not endorse anything that is unhealthy and misleading. This clearly depicts that the celebs actually know and understand what their responsibility is but, are ignorant.
No! Celebs cannot be made liable!
The Maggi fiasco coin has two sides. Now-a-days, when advertisements by celebs have become an integral part and a parcel of our life, even a customer who is below the level of reasonable prudence is very well aware of the fact that such endorsements are made just to lure the customer and nothing else. The celebs have nothing to do with the manufacturing of the product they endorse, they are merely representing the product say, as an agent or however they are directed to. Indeed, they must ensure the standard as well as the quality of the product but, we cannot forget that they are not scientists or any expert in the manufacturing of any such product. The celebs would obviously believe what the company tells them. How can one expect Madhuri Dixit to go to the laboratory or factory for checking the samples of our national food? At last, she will anyway have to believe what the experts of Nestle say, like recently she admitted the fact that she met the experts and she was reassured about the high quality of the product. What else do you expect her to do? Also, celebrities do not compel anybody to buy the product they are endorsing then, on what basis can they be held liable for misrepresentation. Don’t you think that we should question the food safety board for letting such hazardous products enter the Indian market?
Conclusion
Indeed, the celebrities would be liable as per FSSAI provisions but still, this issue must be resolved peacefully without any over hype. Also, it is against the Food Standard Authorities that certain abysmal product has entered into the Indian market and has not been duly checked upon. Prevention is much better than cure, so, it is better to stop any product to enter the market which does not abide by the health standards of the people of our country.
Picture Credits: Innov Pictures
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