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Fresh testing ordered for Johnson & Johnson baby powder, permitted to manufacture but not sell: Bombay High Court

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PTI    17 November 2022

Johnson & Johnson was given permission to make the product but not to sell it by the Bombay High Court on Wednesday. This was in accordance with the Maharashtra government directive. The company had submitted a petition to the state government contesting two orders, the first of which was dated September 15 and ordered the license to be cancelled, and the second of which was dated September 20 and ordered the company to immediately cease production and sales of its baby powder product.

 

The joint commissioner and licensing authority of the state Food and Drug Administration (FDA) issued the instructions 

 

The government′s instructions came after the report from the Central Drug Laboratory in Kolkata, which found that the powder had a higher pH level than recommended. The court instructed to collect fresh samples from the company′s plant in Mumbai′s Mulund neighbourhood within three days and deliver to the Central Drug Testing Laboratory, west zone, FDA lab and the Intertech Laboratory for testing. A report from the labs must be submitted within a week of that.

 

Senior attorney Ravi Kadam, representing the company, asked the court to provide permission for the company to at least begin manufacturing the goods up until that point. 

 

The bench ruled that the government has prohibited the petitioner from marketing or distributing the baby powder product and the company must follow this order. It would be at the company′s risk if it decided to manufacture the product. On November 30, the HC scheduled a second hearing in the case.

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