By PTI
MUMBAI: The Bombay High Court on Wednesday quashed two orders handed by the Maharashtra authorities revoking the license of Johnson & Johnson firm to fabricate, promote and distribute its child powder merchandise, terming them as “stringent, unreasonable and unfair”.
A division bench of Justices Gautam Patel and S G Dige permitted the corporate to fabricate, promote and distribute the merchandise.
The bench handed its order on a petition filed by the corporate difficult two orders of the state authorities – one dated September 15, 2022 cancelling the license and the second dated September 20, 2022 ordering it to right away cease the manufacturing and sale of the child powder product.
The bench famous that whereas sustaining requirements of high quality and security are of utmost significance for beauty merchandise, on the similar time it doesn’t appear affordable to close down the entire manufacturing course of when there’s a slight deviation in one of many merchandise.
“The executive cannot use a hammer to kill an ant. Is it always inevitable that when there is a single case of deviation or non-compliance (to prescribed norms) by a product the only option left with the regulatory authority is to cancel or revoke the license of the manufacturing company?” the court docket mentioned in its order.
“This seems to us as an extreme approach. There seems to be unfairness and unreasonableness in the executive action. There is also nothing to show that the FDA (state Food and Drug Administration) has adopted such a stringent approach for any other product of the petitioner company or any other company,” it added.
Noting that the federal government orders can not maintain, the HC quashed them and permitted the corporate to fabricate, distribute and promote its child powder merchandise.
MUMBAI: The Bombay High Court on Wednesday quashed two orders handed by the Maharashtra authorities revoking the license of Johnson & Johnson firm to fabricate, promote and distribute its child powder merchandise, terming them as “stringent, unreasonable and unfair”.
A division bench of Justices Gautam Patel and S G Dige permitted the corporate to fabricate, promote and distribute the merchandise.
The bench handed its order on a petition filed by the corporate difficult two orders of the state authorities – one dated September 15, 2022 cancelling the license and the second dated September 20, 2022 ordering it to right away cease the manufacturing and sale of the child powder product.
The bench famous that whereas sustaining requirements of high quality and security are of utmost significance for beauty merchandise, on the similar time it doesn’t appear affordable to close down the entire manufacturing course of when there’s a slight deviation in one of many merchandise.
“The executive cannot use a hammer to kill an ant. Is it always inevitable that when there is a single case of deviation or non-compliance (to prescribed norms) by a product the only option left with the regulatory authority is to cancel or revoke the license of the manufacturing company?” the court docket mentioned in its order.
“This seems to us as an extreme approach. There seems to be unfairness and unreasonableness in the executive action. There is also nothing to show that the FDA (state Food and Drug Administration) has adopted such a stringent approach for any other product of the petitioner company or any other company,” it added.
Noting that the federal government orders can not maintain, the HC quashed them and permitted the corporate to fabricate, distribute and promote its child powder merchandise.
