Johnson & Johnson's baby powder complies with legal requirements as per lab reports - Bombay HC

Bench: Justices SV Gangapurwala and SG Chapalgaonkar

On Friday, the Bombay High Court concluded that Johnson & Johnson's Mulund plant in Maharashtra produces a quality baby powder that complies with legal requirements.

The bench made the observation based on three laboratory reports filed before them. 

On November 16, the Court ordered the Food and Drug Administration (FDA) to test samples of the baby powder from the Mulund facility. 

The high court received reports from three labs on four samples. 

The Court made the following observations after going through the reports:

• Based on the FDA laboratory's report at Bandra-Kurla Complex, the sample complied with statutory requirements; 
• According to the Infratech Laboratory report (private lab), the reading was not stable;
• Furthermore, the Western Zone Central Drug Testing Laboratory reported that the sample met all requirements.

A senior advocate for Johnson & Johnson, Ravi Kadam, argued that the company should be allowed to sell its products since the samples met all statutory requirements. 

However, the Court opined that it would hear what Additional Government Pleader Milind More had to say before passing any judgment.

Kadam's request was not granted by the Court, and the baby powder will not be permitted to be sold or distributed until the next hearing date.

The court was hearing a petition filed by Johnson & Johnson challenging the cancellation of its license to manufacture baby powder in Maharashtra.

According to the petition, the Joint Commissioner & Licensing Authority, FDA, Maharashtra revoked the company's license on September 15 with effect from December 15, 2022.

Five days later, the commissioner reviewed the order and directed the company to stop the manufacture and sale of the baby powder manufactured at a facility in Mulund, Maharashtra with immediate effect.

This prompted the company to move to the High Court.