The Health Minister Barbara Hogan has disclosed in Parliament that Nestlé was ordered to withdraw Nesquick strawberry milkshake from the market after the European Union banned the product from importation there.

The problem was that the European Food Safety Authority (EFSA) had detected E127 colourant in the milkshake powder. The colourant – Erythrosine BS – is not permitted in foodstuffs normally consumed by children.

Hogan said on Thursday in a written reply to Mike Waters of the Democratic Alliance that the company misinterpreted the South African regulations related to colourants permissible in foodstuffs. "The misinterpretation resulted from the company claiming that they considered sugar confectionery to include milkshake powders, such as Nesquick," she said.

The minister said that as a result of this contravention of the colourant regulations, the department instructed the company to institute an industry recall up to and including retail level in South Africa, of their product containing E127.

Nestlé confirmed that the company's withdrawal instruction was issued on 29 July 2008 and by 1 August 2008 all shelves in stores were cleared of the stock and stored in their storerooms for return. About 200 tons were produced from week 17 (23 April 2008) up until week 30 (21 July 2008). On notification by the Department of Health, all production was immediately stopped. Approximately 117 tons of Nesquick Strawberry was distributed to the trade within this period.

At the time of completion of the withdrawal, 58 tons were returned from the trade and destroyed immediately upon return to the warehouses. The balance of stock (approximately 250 tons), under the control of Nestlé was blocked and quarantined immediately at the distribution centres and factory of the company, and arrangements have been made for it to be destroyed by the end of September 2008.

"The provincial and local government health authorities were informed of the recall and requested to verify that the product had indeed been removed from the shelves within their areas of jurisdiction," Hogan said.

She added that the department considered the steps taken by Nestlé as sufficient and due to the low risk associated with the consumption of foodstuffs containing E127 in general, as well as that it is permitted for use in certain foodstuffs, was satisfied that the matter was finalised appropriately and that no further steps were deemed necessary in this regard.

I-Net Bridge