[Johnson & Johnson Baby Powder] “Were Babies Not Born For 3 Years?”:  Bombay HC To State Govt

A Division Bench of the Bombay High Court comprising Justice GS Patel and SG Dige on Monday informed the counsel appearing in the case of Johnson and Johnson Baby Powder that it is likely to pronounce its order on Wednesday.

Government Pleader Milind More informed the court that the tests could not be conducted as per the new rules due to a shortage of time.

Senior Advocate Ravi Kadam for the pharma company informed the court that the samples were collected in 2019 and a show cause notice was issued to the company in 2022.

The division bench asked Government Pleader Milind More as to what they had done to stop the sale of baby powder after the samples were tested in 2018. The Division bench said that it was difficult for them to come up with a solution since they were deciding on an order passed by the authorities under the old rules which are not in force today.

The Court said that the batch of samples tested which are allegedly dangerous was out in the market between 2019 to 2023 and had already reached the consumers. . Justice GS Patel said “Were babies not born for 3 years?”

The court questioned the counsel on the cancellation of the license of the company to which Senior Advocate Ravi Kadam said that the license of the company was not revoked but the company was directed to manufacture the powder. The counsel informed the court that under the old cosmetic rules, there was a provision for cancellation of the license. However, under the 2020 Rules, the perpetual license is granted by the authority.

The bench however clarified that the counsel should not misunderstand the questions of the court. The court said:

“We are not saying whether it is safe or unsafe. We are testing your action. You have to justify saying you have acted properly in the manner given in the safeguard. Do not misunderstand us. We want you to be vigilant with any kind of medicinal product in the market. Especially with the big pharmaceuticals, because of the sheer volume they manufacture. But we just want you to act swiftly considering the public interest.”

Senior Advocate Ravi Kadam requested the court for sale of the baby powder which was rejected by the court. The court said it will pronounce its judgment on Wednesday on the principle of proportionality and how license or production can be canceled in future cases.

During the previous hearings, the court had said that in case there is a problem with a product of the pharmaceutical company, the government should act swiftly because there is public interest involved. After AGP Milind More had informed the court that the government wants to test the samples again, the bench had said the government can take the sample and send it for testing but the government needs to take action within one week of getting the reports from the labs. The bench had also asked the AGP to test the samples as per the new guidelines.

Case Title: Johnson and Johnson Pvt. Ltd vs State of Maharashtra & Ors.