FDA is using ‘a sword to kill a mosquito’, exercise power with restraint: Bombay HC
The Bombay High Court on Tuesday directed the Maharashtra Food and Drug Administration (FDA) to grant a hearing to pharmaceutical companies before taking action against
The Bombay High Court on Tuesday directed the Maharashtra Food and Drug Administration (FDA) to grant a hearing to pharmaceutical companies before taking action against their products, observing that the regulator was using “a sword to kill a mosquito”. A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad made the observation while hearing a plea filed by Cadila Pharmaceuticals Limited challenging the FDA’s decision to bar the sale and distribution of some of its medicines and seize stock worth ₹2.45 crore across the State over branding similarities.
It accepted the statement of government pleader Neha Bhide that the FDA would revoke its orders against the petitioner, issue show-cause notices, and grant a hearing before passing a reasoned order. Warns of imposing costs The Bench, while warning of imposing costs on the FDA, said it was coming across several cases of such action by the regulator in the State. “You have the power to use a sword, but the problem is you are using it to kill a mosquito.
Power has to be exercised with restraint. It has to be used properly. Even in cases of hotels and restaurants, you shoot first and then ask questions,” the Bench said. The government pleader told the court that there was confusion between the said medicines and the
decision was taken as a preventive measure. “It was a preventive measure and not high-handed action,” she said. After Bhide submitted that the FDA would revoke its orders against the petitioner and grant a hearing, the High Court accepted the statement and disposed of the petition.
The BriefWire