Johnson & Johnson Run To High Court, Demand For Suspension Of Cancellation Of Children’s Cosmetics Manufacturing License

Mumbai, 28th October 2022: The Food and Drug Administration (FDA) has revoked the manufacturing license of Johnson’s Baby Talcum Powder, a popular baby cosmetic product, after alleging that its use may affect health of the skin of new born babies. Johnson & Johnson Company has approached the High Court against that decision. It has also demanded to suspend the decision till the disposal of the petition and to allow the production and sale of baby powder in the project at Mulund.

Based on the report of the Central Drug Testing Laboratory in Kolkata, the company’s production of baby cosmetics was banned. The company demanded that a report should also be made available. The vacation bench of the High Court accepted it and ordered the government to make the report available.

On the other hand, Additional Public Prosecutor Jyoti Chavan sought time to file a reply to the company’s petition. The court agreed to the government’s request and ordered it to file a reply to the petition by 9th November.

The Appellate Authority dismissed the company’s appeal despite submitting the test report of the updated product of talcum powder. The report based on which the license cancellation was ordered was not taken into consideration. The company also claimed that in the FDA’s order, the production certificate for the years 2018 and 2019 was given. Samples of the product were sent to the FDA office in Pune, Nashik for testing. The samples were then asked to be re-tested at the testing laboratory in Kolkata. Even after permission was given to conduct this test, the company was not notified. Apart from this, the company also claimed that the FDA did not mention the report of the Central Drug Testing Laboratory while issuing show-cause notices twice. There is no provision for cancellation or suspension of the manufacturing license.