Nestlé Bangladesh ordered to withdraw KitKat batch over safety concerns

A Dhaka court today ordered the relevant authorities to remove one batch of Nestlé Bangladesh‍‍`s KitKat from the market by January 21 next year in connection with a case filed over importing and marketing substandard food products.

Special Metropolitan Magistrate Nusrat Sahara Bithi of the Pure Food Court-2 of Dhaka passed the order after prosecuting officer Kamrul Hasan, a food inspector at Dhaka South City Corporation, filed a petition in this regard, said a court official.

In his application, the prosecuting officer said Nestlé Bangladesh‍‍`s KitKat chocolate mentioned in the complaint is an unregistered, unauthorised, uncleared and substandard product, which is unsafe, adulterated, and poses a serious threat to public health.

The relevant batch number is 44399139, and the production code is 6294003539054, he added.

The application said, "To ensure safe food for the people, control adulterated and unsafe food, and restore discipline in the food business, the court is requested to pass an order directing Nestlé Bangladesh to withdraw the KitKat chocolate from the market and destroy it, and to temporarily suspend the import, marketing and sale of Nestlé KitKat chocolate until BSTI licence and clearance are obtained."

On November 23, Food Inspector Kamrul Hasan filed a case with the court against Nestlé Bangladesh PLC Managing Director Deepal Abeywickrema and Public Policy Manager Riasad Zaman under Sections 26, 31, 38 and 39 of the Pure Food Act.

After taking cognisance of the charges in the case, the court on that day issued arrest warrants against the duo.

On December 10, a bench of the High Court granted ad-interim anticipatory bail to Deepal and Riasad for eight weeks in the case, following their petition.

Asked, Debabrata Roy Chowdhury, director of legal, regulatory and scientific affairs and corporate affairs at Nestlé Bangladesh, said, "We had sought intervention of the High Court in the matter and we are pleased to inform that the matter was admitted for bail in light of the prima facie case made on the basis of our submissions."

"We are glad that the City Food Court has also confirmed the bail and the arrest warrant has been cancelled," he added.

"We are yet to receive the certified copy of the order for any specific conditions relating to invoicing for the specific batch of product. We reserve the right to comment further until we receive the same," he said, adding that Nestlé Bangladesh has faith in the judiciary and will pursue necessary judicial remedies at the appropriate stage.

"We are confident of the sanctity and quality of all our products, including official imports. We have favourable test reports from BCSIR for this product."