Johnson & Johnson can manufacture baby powder but not sell it in Mumbai; here's why

On Wednesday, a division bench of Justices SV Gangapurwala and SG Dige directed the FDA to collect fresh samples from the company's factory in Mulund area of Mumbai within three days.

The Bombay High Court has ordered for fresh testing of Johnson & Johnson baby powder samples and permitted the company to manufacture the product but to not sell it, as per the Maharashtra government order.

According to reports, the company filed a petition challenging two orders of the state government- one dated September 15 cancelling the license and the second dated September 20 ordering to immediately stop manufacturing and sale of the company's baby powder product.

The orders were passed by the joint commissioner and licensing authority of the state Food and Drug Administration (FDA). The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found the powder containing higher pH level than prescribed.

On Wednesday, a division bench of Justices SV Gangapurwala and SG Dige directed the FDA to collect fresh samples from the company's factory in Mulund area of Mumbai within three days.

The sample would then be sent to two government labs and a private lab for testing. The court also said that the samples should be sent to the Central Drug Testing Laboratory, west zone, FDA lab and the Intertech Laboratory for testing.

"The labs shall submit a report within one week thereafter," the court said. Senior counsel Ravi Kadam, appearing for the company, sought that the court till then permit the company to at least start manufacturing the product.

"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," the bench said.

Meanwhile, the Bombay High Court posted the matter for further hearing on November 30. The company had in its plea said 14 random batches of February, March and September 2022 were tested by an independent public testing laboratory and all were found to be well within the prescribed pH value.

(With inputs from PTI)