BOMBAY HIGH COURT DIRECTS STATE GOVERNMENT TO PLACE CENTRAL DRUG LABORATORY REPORT REVOKING JOHNSON & JOHNSON'S LICENSE

The Division Bench of Bombay High Court comprising Justice N.J. Jamadar and Justice Sharmila Deshmukh directed the State Government to serve the report of Central Drug Testing Laboratory, Kolkata to Johnson & Johnson based on which the company's license was revoked.

The Assistant Government Pleader sought time to get instructions and file an affidavit. The court said that the same must be served to the petitioner by the 9th of November, 2022. The court directed the government to make reports of the Central Drug Testing Laboratory, Kolkata available to corporation, which was the primary basis on which the state had revoked the petitioner’s cosmetic manufacturing license. 

The writ petition was filed challenging the state government’s decision to cancel the company’s license effective from 15th December, to dismiss the sale of baby powder in its Mulund factory.

The petitioner pleaded that the Joint Commissioner and the FDA had issued an order on 15th September to revoke the company’s license after which the commissioner, within five days, directed to dismiss the manufacturing and selling of the baby powder, with immediate effect, basis the ground of non-conformity to statutory requirements.

The petitioner also submitted that an appeal was filed before the Minister of FDA on October 19th, which was rejected. The petitioner further added that the dismissal of the manufacturing unit at Mulund caused a huge financial loss to the company.

Aggrieved by this, the petitioner in furtherance to the same, filed a writ petition in the High Court since the said orders were passed without abiding by the principles of natural justice.

The counsel appearing for the petitioner sought a stay on the order passed by the commissioner until the petition was disposed of and sought for directions to examine the Central Drug Testing Laboratory. The court directed the next hearing to be held on November 10th, 2022.

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