The Bombay High Court overturns FDA directives and permits Johnson and Johnson to produce and sell baby powder

The directives of the Food and Drug Administration (FDA), Maharashtra prohibiting Johnson & Johnson Private Limited from producing baby powder in its facility in the Mumbai suburbs were overturned on Wednesday by the Bombay High Court.

After taking into account Johnson’s claim that only two of the 11 to 12 samples of baby powder that the FDA evaluated did not meet the relevant quality criteria, a bench of Justices GS Patel and SG Dige approved the product’s sale.

The Court also considered it unfair that a particular batch’s noncompliance and a quality variation would only result in the suspension of all manufacturing.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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