Bombay HC orders fresh testing of Johnson & Johnson baby powder; allows company to manufacture but not sell it

The company had filed a petition challenging two orders of the state government- one for cancelling the license and the second to immediately stop manufacturing and sale of the product

The Bombay High Court on Wednesday 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.

The company had 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.

A division bench of Justices S.V. Gangapurwala and S.G. Dige on Wednesday 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 three laboratories - two government labs and a private one - for testing.

"The samples shall be sent to the Central Drug Testing Laboratory, west zone, FDA lab and the Intertech Laboratory for testing," the court said.