Bombay HC quashing the state government order on Johnson & Johnson company's
Bombay HC quashing the state government order on Johnson & Johnson company's
Share:

On Wednesday, Bombay High court has scrapped out the Maharashtra government order of stopping the manufacturing and selling of the Johnson & Johnson company's baby power back in year 2022. 

The bench of Justices Gautam Patel and S G Dige has permitted the company to manufacture, sell and distribute the products in Maharashtra. They have quashed the two orders passed by the state government-one dated on 15th September, 2022 cancelling the license and second dated on 20th September,2022 ordering immediate ban on the manufacturing and sale of the baby powder.

The court while delivering the order said that "The executive cannot use a hammer to kill an ant. Is it always inevitable that when there is a single case of deviation or non-compliance (to prescribed norms) by a product the only option left with the regulatory authority is to cancel or revoke the license of the manufacturing company?".

The court has said that this ban was stringent, unreasonable and unfair towards the Johnson & Johnson company. The bench said that the company is maintaing the safety and quality standards of the baby powder which is the most important thing for a cosmetic product, at the same time it does not seem relevant to shut down the whole manufacturing process if there is a slight deviation in one line of the product. 

The court has said that "This seems to us as an extreme approach. There seems to be an unfairness and unreasonableness in the executive action. There is also nothing to show that the state Food and Drug Administration (FDA) has adopted such a stringent approach for any other product of the petitioner company or any other company".

The pharmaceutical giant Johnson & Johnson licence of its Mulund plant in Maharashtra has been cancelled after a year long war between the company and the state FDA. After which the company has completely revoked it's baby product from the entire market back in 2022. 

In 2022 the company has got a show case notice for the firm under the Drug and Cosmetics Act, 1940 and Rules, asking them why their license shouldn't be suspended. It was accused of causing ovarian cancer and disturbing the ph balance of the babies skin. 

The samples were send back in November 2019 to have subsequent test run in the Mumbai labs where it was found "not of standard quality". Which has imposed a total ban on the product from every sector.

'No power in the world can deprive them...,' appeal of tribals on Parasnath hills

'After Joshimath, cracks in 50 houses and shops in Karnaprayag,' people in panic

'Principal touched badly in the name of extra classes,' Student reaches police station

 

Share:
Join NewsTrack Whatsapp group
Related News