Lab reports clear Johnson & Johnson baby powder; Bombay High Court to decide on allowing sale after hearing government

The Bombay High Court on Friday made a prima facie observation that the Johnson & Johnson baby powder manufactured at the company's Mulund facility in Maharashtra, adhere to the legal requirements on quality. .The observation was made by a division bench of Justices SV Gangapurwala and SG Chapalgaonkar based on three laboratory reports filed before them in sealed envelopes.The Court had on November 16 had directed the Food and Drug Administration (FDA) to send samples of the baby powder from the Mulund facility to three laboratories for testing. Four samples were sent to three labs the report on each sample were submitted to the high court. After going through the reports, the Court made the following observations:The report of the FDA laboratory at Bandra-Kurla Complex stated that the sample complied with the statutory requirement; The report of the Intratech Laboratory (private lab) stated that the reading was not stable as per the procedure;The report of the Central Drug Testing Laboratory, Western Zone also stated that the sample conformed to the requirements laid down..Senior Advocate Ravi Kadam, appearing for Johnson & Johnson, stated that since the reports showed that the sample complied with the statutory requirements, the company ought to be permitted to sell their product. “The reports make it clear. The Court may just permit us to sale,” the Senior Advocate said. The Court, however, opined that it will hear what Additional Government Pleader Milind More has to say, before passing any order.The Court did not concede to Kadam’s request and maintained that the company would not be permitted sale or distribution of its baby powder till the next date of hearing.The case will be heard next on December 7..The Court was hearing a petition filed by Johnson & Johnson through Nishith Desai & Associates challenging the cancellation of cosmetic manufacturing license of its baby powder facility in Maharashtra.The petition pointed out that the Joint Commissioner & Licensing Authority, FDA, Maharashtra issued an order on September 15 cancelling the company’s license, effective from December 15, 2022.Five days later, the commissioner reviewed the order and directed the company to stop manufacture and sale of the baby powder manufactured at a facility in Mulund, Maharashtra with immediate effect.This prompted the company to move the High Court.