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Nestlé Bangladesh is facing a legal battle over the sale of KitKats in the country after food inspectors alleged that the chocolate wafers posed a risk to public health.

Special metropolitan magistrate Nusrat Sahara Bithi issued arrest warrants earlier this week after two separate cases of food safety concerns were made against Nestlé Bangladesh and Meghna Sugar Refinery.

The case against Nestlé Bangladesh was filed after a government-run food safety laboratory found that KitKats that had been imported and sold failed to meet the legally required testing standards. Nestlé has challenged the basis of the criminal case.

In a statement, a spokesperson for the company said: “We are seeking to understand the specific circumstances behind these allegations and have immediately commissioned independent testing of these products. The results give us confidence that these products meet our high standards and are safe to consume.”

According to local reporting, the case alleges that the wafer biscuit contained 2.32% acidity against the permitted maximum level of 1% as set by the Bangladesh Standards and Testing Institution. The chocolate used in the coating was found to contain 9.31% milk solids against the approved range of 12-14%. Milk fat content was also measured at 1.23%, which is lower than the approved limit of 2.5-3.5%.

With regards to the second case, a sample of sugar produced by Meghna Sugar Refinery was found to contain 77.35% sucrose against the minimum permissible level of 99.70%. The same sugar sample tested positive in a sulfur dioxide test; BSTI standards do not allow for the presence of sulfur dioxide in sugar.

Following the testing, arrest warrants were issued for several individuals across both companies, including Nestlé Bangladesh’s managing director.

“Food safety and product quality is the highest priorities for Nestlé worldwide," the spokesperson added. "Products imported into Bangladesh by Nestlé are quality tested against the relevant local standards before they can be sold.”

The cases will be heard on Monday, 15 December.

Top image: © KitKat