Bombay HC orders fresh testing of Johnson & Johnson baby powder
MUMBAI: Bombay High Court on Wednesday ordered for fresh testing of Johnson & Johnson baby powder samples and permitted the company to manufacture the product but not to sell it.
The company had filed a petition challenging two orders of the state government. One of these, dated September 15. cancelled the licence. The second order, dated September 20, ordered the company to immediately stop manufacturing and sale of the baby powder.
The orders were passed by the joint commissioner and licensing authority of the state’s Food and Drug Administration (FDA).
The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found that the powder contained higher levels of pH than was permitted.
A division bench of Justices S V Gangapurwala and S.G. Dige on Wednesday directed the FDA to collect fresh samples from the company’s factory in Mulund area of Mumbai within three days.
The samples would then be sent to three laboratories - two government labs and a private one - for testing.
“The samples shall be sent to the Central Drug Testing Laboratory, west zone, FDA lab and the Intertech Laboratory for testing,” the court said.
“The labs shall submit a report within one week thereafter,” it said.
Senior counsel Ravi Kadam, appearing for the company, sought that the court till then permit the company to at least start manufacturing the baby powder.
“The petitioner is restrained from selling or distributing the baby powder product by the government. The company shall abide by this order. If the company chooses to manufacture the product then it would be at their own risk,” the bench said.
The high court posted the matter for further hearing on November 30.
The company had in its plea said 14 random batches of February, March, and September 2022 were tested by an independent public testing laboratory and in all the pH values were found to be well within the permitted limit.