FDA is using ‘a sword to killa mosquito’, exercise power with restraint: Bombay HC
The Bombay High Court has criticized the Maharashtra Food and Drug Administration for its aggressive enforcement tactics against pharmaceutical companies. The court ordered the FDA to provide a fair hearing to companies before taking punitive actions like product bans or stock seizures.
Why it matters
This ruling establishes a precedent for administrative restraint, ensuring that regulatory bodies follow due process rather than resorting to immediate, high-handed enforcement.
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.
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.
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