Nagananda clarifies

With reference to Daily FT story on Monday titled ‘Nagananda withdraws the case against the Maliban Lemon Puff,’ litigant Nagananda Kodituwakku has sent the following statement.

Nagananda Kodituwakku

In short, this refers to the Writ Application (AC/Writs/138/2021) filed in the Court of Appeal against the Consumer Affairs Authority and the Sri Lanka Standard Institution seeking a Writ of Mandamus compelling them to stop Maliban Biscuit Manufactories Ltd. from marketing the Maliban Lemon Puff with a false trade description making the innocent consumer believe that that it contains real lemon cream. This is a punishable criminal office under the Consumer Protection Law.

Maliban Biscuit Manufactories Ltd. was only a Respondent in this case.

At the hearing on 4 October, despite objections raised by the Respondent’s lawyer, the Court allowed the Petitioner to demonstrate how the Respondent company promoted Maliban Lemon Puff Biscuits in Canada with the correct labelling stating that it contained only artificial lemon cream.

Further, Respondent’s lawyer submitted to the Court that the company with effect from 31 December 2020 had completely stopped selling lemon puff biscuits in Sri Lanka with the misleading trade description.

Hence, there was no further relief the Court could grant to the consumers and as such the Court recorded the submissions made by both parties and accordingly the action was withdrawn with legal right retained to initiate action, in the event the Respondent company flouts the law again.