Make baby talc, but don’t sell: HC to J&J

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MUMBAI : The Bombay high court on Wednesday said Johnson and Johnson Pvt. Ltd can resume production of its baby powder at the Mulund facility, but cannot sell or distribute the product, as directed by the Maharashtra government. The HC directed the Maharashtra Food and Drug Administration to send the four existing samples of baby powder for fresh tests at two government and a private lab, besides collecting new samples from the Mulund facility within three days. The bench led by Justice S.V. Gangapurwala has posted the matter for further hearing on 30 November. J&J challenged two state government orders revoking its cosmetic manufacturing licence and subsequently directing it to stop manufacturing and sale of the baby powder, before the high court.

According to J&J, the government had violated the principles of ‘natural justice’ and proportionality in passing the two orders. During a random inspection in December 2018, the FDA had collected samples of J&J’s talc-based baby powder from Pune and Nashik for quality check. The FDA said the sample from the Mulund unit was “not of standard quality.” Following the FDA report, the government cancelled the unit’s licence in “public interest” and asked J&J to remove the product from the market.

“The samples shall be sent to Central Drug Testing Laboratory, west zone, FDA lab, and Intertech Laboratory for testing. The labs must submit the reports within a week thereafter,” the court said.

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