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Bombay HC suggests retesting of Johnson & Johnson baby talcum powder

The court judgment came amid the state government's action two years after the sample tests had showed for the first time that the product was not found to be meeting standards.

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Published : Jan 7, 2023, 5:44 PM IST

Mumbai: The Bombay High Court on Friday allowed the Maharashtra government to carry out fresh testing of Johnson and Johnson baby talcum powder and take appropriate action in case of adverse results. The judgment comes in the wake of the Maharashtra state government's action two years after the sample tests had shown for the first time that the product was not found to be meeting standards.

Talcum powder is mired in controversy for its harmful health effects due to the presence of carcinogens. A bench of Justices GS Patel and PD Naik passed the judgment while rejecting J&J's plea demanding to sell the accumulated stock of the baby powder. “We are judging a 2022 order basis notice and testing conducted in 2019.

We do not know the factual situation as per quality. We do not know what the brand new situation is regarding the products," the bench observed. The HC allowed the Maharashtra government to conduct fresh testing of samples based on the existing guidelines and take appropriate action accordingly. “It is emphasised that immediate action should be taken against the company if the results are adverse,” the bench said.

Also read: Bombay HC gives nod to Johnson & Johnson to manufacture baby powder

The court has fixed the next hearing in the case on January 9. As the case is sub judice, the High Court ordered Johnson to continue manufacturing the baby powder till further directions from the court. However, the court upheld the ban on the sale and distribution imposed by the Food and Drug Administration (FDA) while manufacturing this product.

Senior advocate Ravi Kadam appearing for the J&J Company requested the court to allow the sale of accumulated stock. However, this request was been rejected by the court. Johnson's baby talcum powder, a popular product, was found to be harmful to health due to a process used to control the overgrowth of bacteria.

Mumbai: The Bombay High Court on Friday allowed the Maharashtra government to carry out fresh testing of Johnson and Johnson baby talcum powder and take appropriate action in case of adverse results. The judgment comes in the wake of the Maharashtra state government's action two years after the sample tests had shown for the first time that the product was not found to be meeting standards.

Talcum powder is mired in controversy for its harmful health effects due to the presence of carcinogens. A bench of Justices GS Patel and PD Naik passed the judgment while rejecting J&J's plea demanding to sell the accumulated stock of the baby powder. “We are judging a 2022 order basis notice and testing conducted in 2019.

We do not know the factual situation as per quality. We do not know what the brand new situation is regarding the products," the bench observed. The HC allowed the Maharashtra government to conduct fresh testing of samples based on the existing guidelines and take appropriate action accordingly. “It is emphasised that immediate action should be taken against the company if the results are adverse,” the bench said.

Also read: Bombay HC gives nod to Johnson & Johnson to manufacture baby powder

The court has fixed the next hearing in the case on January 9. As the case is sub judice, the High Court ordered Johnson to continue manufacturing the baby powder till further directions from the court. However, the court upheld the ban on the sale and distribution imposed by the Food and Drug Administration (FDA) while manufacturing this product.

Senior advocate Ravi Kadam appearing for the J&J Company requested the court to allow the sale of accumulated stock. However, this request was been rejected by the court. Johnson's baby talcum powder, a popular product, was found to be harmful to health due to a process used to control the overgrowth of bacteria.

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