The orders were passed by the joint commissioner and licensing authority of the state
The government based its orders on the report of the Central Drug Laboratory in Kolkata, which found the powder contained a higher pH level than prescribed.
A division bench of Justices S V Gangapurwala and S G Dige on Wednesday directed the FDA to collect fresh samples from the company's factory in the Mulund area of Mumbai within three days.
The sample would then be sent to three laboratories - two government labs and a private one - for testing.
"The samples shall be sent to the
"The labs shall submit a report within one week thereafter," it added.
Senior counsel Ravi Kadam, appearing for the company, sought that the court till then permits the company to at least start manufacturing the product.
"The petitioner is restrained from selling or distributing the baby powder product by the government. The company shall abide by this order. If the company chooses to manufacture the product then it would be at their own risk," the bench said.
The HC posted the matter for further hearing on November 30.
The company had in its plea said 14 random batches of February, March and September 2022 were tested by an independent public testing laboratory and all were found to be well within the prescribed pH value.
The leading Fast Moving Consumer Goods (FMCG) manufacturer said it has been making the baby powder at its Mulund plant for the last 57 years and its license was renewed in January 2020.
The company also said due to the license revocation, it suffered a daily loss of Rs 2.5 crore based on the market value of the goods sold.
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