Bombay HC tells state to give lab report to Johnson & Johnson

A vacation bench of Justice N J Jamadar and Justice Sharmila Deshmukh passed the decision on Wednesday while hearing a petition filed by the company challenging two orders of the state government

The Bombay High Court has directed the Maharashtra government to hand over to Johnson & Johnson Pvt Ltd a report of the Central Drug Laboratory, Kolkata, based on the basis of which the state had cancelled the company’s cosmetic manufacturing licence for its Mulund facility for its baby powder.

A vacation bench of Justice N J Jamadar and Justice Sharmila Deshmukh passed the decision on Wednesday while hearing a petition filed by the company challenging two orders of the state government—one dated September 15 cancelling the license and the second dated September 20 ordering that the  manufacturing and sale of the company’s baby powder product be stopped immediately.

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The orders were passed by the joint commissioner and licensing authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory, which found the powder containing a higher pH level than prescribed.

The company challenged the orders first before the Maharashtra Minister for Food and Drug Administration, who is the appellate authority. The minister on October 19 upheld the cancellation order, following which the company approached the high court. The company in its petition said that the orders were passed by violating the principles of natural justice.

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