A division bench of Justices Gautam Patel and S. G. Dige approved the company’s ability to produce, market, and sell the goods.
The Johnson & Johnson company’s licence to produce, market, and distribute its baby powder products was revoked by two Maharashtra government orders on Wednesday, which the Bombay High Court declared to be “stringent, arbitrary, and unjust.”
The firm had petitioned the court to overturn two state government orders: the first, dated September 15, 2022, cancelling the licence, and the second, dated September 20, 2022, directing the company to halt immediately producing and selling the baby powder product.
While upholding safety and quality standards is crucial for cosmetic items, the bench observed that it does not seem rational to stop the entire manufacturing process when there is a tiny variation in one of the products.
“The executive is unable to kill an ant with a hammer. Is it always necessary for the regulatory body to cancel or revoke the manufacturing company’s licence after a single instance of deviation or non-compliance (to established norms) by a product?” According to the court’s order.
“This looks like a really severe course of action. This executive action appears to be unjust and irrational. Additionally, there is no evidence to suggest that the FDA (state Food and Drug Administration) has applied the same strict standards to any other products manufactured by the petitioner firm or by any other business “It was added.
The HC invalidated the government orders after noting their inadequacy and gave the business permission to produce, market, and sell its baby powder goods.
