Bombay HC Orders Fresh Testing Of Johnson & Johnson Baby Powder

According to the Maharashtra government order, the Bombay High Court on Wednesday ordered fresh testing of Johnson & Johnson baby powder samples and gave the company permission to manufacture but not sell the product. The state government had issued two orders that the company had petitioned against, one on September 15 canceling the license and the other on September 20 demanding an immediate halt to production and sales of the company's baby powder product.

The state Food and Drug Administration's (FDA) joint commissioner and licencing authority issued the orders.

The report from the Central Drug Laboratory in Kolkata, which found the powder had a higher pH level than recommended, served as the basis for the government's orders.

On Wednesday, the FDA was ordered by a division bench of Justices S V Gangapurwala and S G Dige to collect fresh samples from the company's factory in Mumbai's Mulund area within three days.

The sample would then be sent to three labs for testing: two government labs and one private one.

"The samples shall be sent to the Central Drug Testing Laboratory, west zone, FDA lab and the Intertech Laboratory for testing," according to the court.

It said, "The labs shall submit a report within one week thereafter,"ek following."

Senior attorney Ravi Kadam, representing the company, asked the court to provide permission for the company to at least begin manufacturing the product until that time.

"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," said the bench.

On November 30, the HC ordered a second hearing in the case.

The Johnson & Johnson company claimed in its plea that an independent public testing laboratory had tested 14 random batches in February, March, and September 2022 and found that all were within the prescribed pH value

The top Fast Moving Consumer Goods (FMCG) maker claimed that its Mulund factory has been producing baby powder for the past 57 years and that its licence was renewed in January 2020.