The Bombay High Court on Wednesday quashed FDA order restraining Johnson and Johnson from manufacturing baby powder, terming the FDA action arbitrary.
It said that now the company is permitted to sell the product and any product from the tested batch will be destroyed from their custody and will ensure product is not in market.
A bench comprising Justice GS Patel and Justice SG Dige was hearing Johnson & Johnson's plea against cancellation of its licence by the Maharashtra FDA due to allegedly high pH levels found in their baby powder.
The high court said that it is a failure of the FDA to act in a timely manner and it is too late now to fall back on a single batch sample to justify extreme action.
"We do not believe the order can be sustained", the high court said and added, "Watchdog like FDA is necessary. But that job is not done by protracting proceedings by weeks/months."
The bench passed its order on a petition filed by the company challenging two orders of the state government – one dated September 15, 2022 cancelling the license and the second dated September 20, 2022 ordering it to immediately stop the manufacturing and sale of the baby powder product.
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