Bombay High Court to decide on Johnson & Johnson baby powder sale after receiving clearance report from lab

Bombay High Court to decide on Johnson & Johnson baby powder sale after receiving clearance report from lab

The Court decided that it would first hear from the State government regarding the results of the re-testing of samples from the company's Mulund facility before making any decisions.

The Bombay High Court has declared that Johnson & Johnson baby powder manufactured at the company's Mulund facility in Maharashtra met the legal requirements on quality.

A division bench of Justices SV Gangapurwala and SG Chapalgaonkar made the observation based on three laboratory reports presented to them in sealed envelopes.

On November 16, the Court ordered the Food and Drug Administration (FDA) to send samples of baby powder from the Mulund facility to three laboratories for testing.

Three laboratories received four samples, and the results of each were submitted to the High Court.

The Court made the following observations after reviewing the reports:

• The FDA laboratory at Bandra-Kurla Complex reported that the sample met the statutory requirement.

• The Intratech Laboratory (private lab) report stated that the reading was not stable according to procedure.

• The Central Drug Testing Laboratory, Western Zone report also stated that the sample met the requirements.

Senior Advocate Ravi Kadam who appeared on behalf of Johnson & Johnson, stated that since the reports showed that the sample met the statutory requirements, the company should be allowed to sell their product. He added, "The reports make it abundantly apparent. The Court might simply approve our sale."

The Court, on the other hand, stated that it will wait to hear from Additional Government Pleader Milind More before making any decisions.

The Court denied Kadam's request and monitored that the company would not be allowed to sell or distribute its baby powder until the next hearing date.

The case is scheduled to be heard again on December 6.

The court was contemplating a petition Johnson & Johnson filed through Nishith Desai & Associates opposing the cancellation of the cosmetic manufacturing licence for its Maharashtra-based baby powder facility.

The petition stated that on September 15, the Joint Commissioner & Licensing Authority, FDA, Maharashtra issued an order cancelling the company's licence, with effect from December 15, 2022.

After reviewing the order five days later, the commissioner instructed the company to immediately stop producing and selling baby powder made at a facility in Mulund, Maharashtra.

The company then filed a petition with the High Court.