Johnson baby powder samples to be tested at 3 labs to rule out margin of error: Bombay HC

Mangalore Today News Network

Mumbai, Nov 17, 2022: The Bombay High Court has ordered the Maharashtra government to re-test the Johnson & Johnson baby powder samples. The bench of Justices SV Gangapurwala and SG Dige on Wednesday directed the state government’s Food and Drug Administration (FDA) to collect fresh samples from the company’s factory within three days.

 

Johnson’s factory is located in the Mulund area of Mumbai and after the samples are collected, they will be sent to three labs – two government-run and one private – for testing to remove any "margin of error". "The samples shall be sent to the Central Drug Testing Laboratory, West zone, FDA lab and the Intertech Laboratory for testing," the bench said, while ordering the labs to submit their reports within one week after receiving the samples.

Advocate Ravi Kadam, appearing for the company, sought the court’s permission for Johnson & Johnson to start manufacturing of the product. The Maharashtra government had asked the company to stop production and sale of baby powder after it found that some samples were not up to the mark.

However, while allowing production, the bench said, "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."

Johnson & Johnson had filed a petition challenging two orders from the state government – one dated September 15 cancelling the license and the second dated September 20 ordering them to immediately stop manufacturing and sale of the company’s baby powder product. The orders were passed by the Joint Commissioner and Licensing Authority of the state FDA.

The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found the powder containing a higher pH level than prescribed.

The company in its plea had said that 14 random batches from February, March and September 2022 were tested by an independent public testing laboratory, and all were found to be well within the prescribed pH value. The company also said due to the license revocation by the Maharashtra government, it had suffered a daily loss of Rs 2.5 crore based on market value of goods sold.

In the meantime, the bench posted the matter for further hearing on November 30.

Courtesy: India Today