Unilever gets order to continue selling Aromat

Unilever Kenya’s food seasoning Aromat will remain on the market pending the hearing and determination of suit alleging that it has genetically modified ingredients.
High Court Judge Isaac Lenaola on Tuesday stopped the National Biosafety Authority from recalling the product from the market.

He granted Unilever orders stopping the authority from banning the sale and distribution of Aromat.

The court also blocked the arrest and prosecution of Unilever’s directors and employees in relation to the sale of the seasoning.

In the application filed under a certificate of urgency, Unilever through lawyer Martin Munyu, told the court that the firm has imported and distributed Aromat in Kenya since 2001 with required certifications and labelling.

He said the National Biosafety Authority recently began running media notices, collecting samples and last Friday issued a seizure order.

Unilever said that the authority’s claims of Aromat being unsafe for consumption were disparaging.

Mr Munyu said that notwithstanding the due labelling as required by the Biosafety Act, and complying with applicable regulations, the National Biosafety Authority now alleges that the importation of Aromat by Unilever is unauthorised for allegedly containing GMO contrary to the 2012 ban through a Cabinet decision.

“Apart from the labelling, there is no requirement in the law that one needs approval be granted for importation of food additives,” said Mr Munyu.
He said the absence of a law exposes importers as their rights could easily be violated.

The lawyer said that Unilever continues to suffer due to loss of consumer confidence owing to the unsubstantiated depiction of its product as unfit for consumption.

INCUR LOSES

“Unilever is apprehensive that the National Biosafety Authority may seize and recall its Aromat product from shops and that will cause the company further losses,” said Mr Munyu.

He also said that Unilever approached the court because it has not been given an opportunity to be heard.

Mr Munyu said that the personal liberty of Unilever officials and property may be taken away on the basis of illegal proceedings and without being afforded a fair hearing.
The case will be heard on July 16.