Johnson & Johnson licence cancellation: Did Maharashtra government cease to exist during COVID? Bombay High Court

The Bombay High Court on Tuesday admonished the Maharashtra government for its delayed action against Johnson & Johnson Private Limited for manufacturing baby powder that was allegedly low grade..A Bench of Justices GS Patel and SG Dige asked the counsel for the State, Milind More, to explain why there had been a delay of over two years in passing an order cancelling the cosmetic manufacturing licence of the company's baby powder facility in Maharashtra..More tried to reason that due to COVID-19, the department could not take swift action.However, the Bench refused to accept this reasoning. “If you are dealing with infant healthcare, we expect you to take action within 48 hours, not 2 years. Did the world shut down during COVID-19? Did Maharashtra government cease to exist from November 2019 till September 2022? You are champions of public health! Assuming that the product is a dangerous, third grade product, this is how you approach? This is your sense of urgency?”.The Bench was hearing a petition filed by Johnson & Johnson through Nishith Desai & Associates challenging an order of the Joint Commissioner & Licensing Authority, Food and Drug Administration (FDA), Maharashtra issued on September 15 cancelling the company’s licence, effective December 15, 2022.Appearing for Johnson & Johnson, Senior Advocate Ravi Kadam referred to the three laboratory reports which a co-ordinate bench of the High Court had called for on November 16 last year.He pointed out that the reports had cleared the baby powder samples as being compliant with standards..After perusal of the report and the orders under challenge, the Court discovered that both orders had been passed relying upon rules which had been declared defunct by the Central government in 2021. The Bench indicated that on this ground alone, the orders could be set aside. “You want to proceed further and take fresh samples, then the authorities will have to maintain the standards basis the prevailing rules. You can even carry out testing today. But this order has to go.".More sought for time to take instructions on the testing aspect. The Bench then adjourned the matter to January 6 for orders. .Bombay High Court directs fresh testing of Johnson & Johnson baby powder; allows company to manufacture but freeze on sale to continue