Four Domino's branches suspended in Maharashtra, Blinkit inspected for sanitary violations

The Bombay High Court took a strong stance regarding the actions of the Maharashtra Food and Drug Administration (FDA), providing significant support to Cadila Pharmaceuticals. The court questioned the FDA's orders banning the sale of medications, stating that the 'shoot first, ask questions later' approach might be considered tribal law, but it has no place in real life or the legal system.

Following the court's sharp remarks, the Maharashtra FDA agreed to withdraw the existing sales ban imposed on Cadila.

Review of the lawsuit and criticism of FDA procedure

A team consisting of acting Chief Justice R.V. Gugge and Justice Gautam Ankhad heard the petition from Cadila Pharmaceuticals. The company challenged the FDA directives, which included the seizure of stocks of several of its medicines, as well as the ban on their sale and distribution. During the hearings, the court expressed dissatisfaction with the manner in which the FDA conducted its actions.

The court emphasized that 'shoot first, ask questions later' is a 'Wild West' (tribal law) rule that is inapplicable in the field of law. The judicial panel noted that such actions cannot be carried out within the framework of the law. It was also noted that similar practices are observed in the hotel business.

'Might of the sword, but...'

The Maharashtra FDA, under the leadership of Commissioner Tukaram Mundhe, confiscated stocks of several Cadila preparations and banned their sale and distribution. Cadila's senior counsel, Birendra Saraf, sought the cancellation of these orders, arguing that the FDA's actions caused serious financial damage to the company.

The High Court clarified that it does not question the legitimate powers of the FDA, but rather the methods used to exercise those powers. Acting Chief Justice R.V. Gugge addressed FDA lawyer Neha Bhide, stating: 'We do not doubt your authority. The problem is that you have the power to use the sword, but you are using it to kill mosquitoes.'

The court stressed that the contentious issue is not whether the FDA has the right to take action, but whether these rights were used properly and proportionally. The court also expressed concern about the impact of the situation on patients, rather than on Cadila's financial losses. The court noted that due to the sales ban, the medicine was unavailable to patients, and considering the time elapsed, this amounted to effectively 32 days, not just the 20 days previously indicated.

Reasons for stopping Cadila drug sales

The FDA justified its actions before the court by stating that some Cadila products had similar or identical branding information, while the active pharmaceutical ingredients (APIs) in them differed. According to the FDA, the similarity in branding could cause confusion in identifying the medicines, creating a serious risk that consumers or medical personnel might mistake one drug for another and use it incorrectly.

The court acknowledged that the FDA has the legal right and duty to regulate medicines and ensure public health. Nevertheless, the panel questioned whether these powers were applied correctly and proportionally in this case. The court also warned that in the future, if such orders are issued without adhering to proper legal procedure, the FDA may face large fines.

The Food Safety and Standards Authority of India (FSSAI) has issued a prohibitory order against Dabur India Ltd regarding the sale of food products with incorrect composition claims, specifically those marked as '100 percent.'

FSSAI has banned Dabur India from selling numerous goods, including honey, clarified butter from cow's milk, and vegetable oils, because such labeling contradicts the law.

In a social media post on Monday, FSSAI announced the ban on Dabur India Ltd for selling products with deceptive '100 percent' claims. These products included honey, apple cider vinegar, cold-pressed coconut oil, sesame oil, clarified butter from cow's milk, coconut water, coconut milk, and other items.

Detailing the violations, FSSAI pointed out that the company's website featured products with misleading statements such as '100% Natural,' '100% Pure,' 'Guaranteed 100% Purity,' '100% Organic,' and '100% Water from Immature Coconuts.'

The regulator emphasized that using these claims violates the FSS (Advertising and Claims) Regulations, 2018, as they are ambiguous, unverifiable, and capable of misleading consumers.

It was found that Dabur Himalayan Organic Apple Cider Vinegar and Dabur Organic Honey displayed the Jaivik Bharat Logo without valid FSSAI organic certification. Furthermore, the product Dabur Hommade Coconut Milk was promoted with the claim of '100% Purity.'

FSSAI noted that it had previously sent a notification to Dabur requiring them to cease using misleading '100%' claims. However, Dabur failed to provide satisfactory corrective measures.

The regulator stated that FSSAI has required Dabur India Limited to immediately stop selling the food products identified in the notification, as well as all other products with deceptive '100%' claims, and to submit an Action Taken Report (ATR) within 15 days.

In recent months, FSSAI has actively used social media to inform the public about its enforcement actions regarding compliance with regulations for various food business operators, as well as e-commerce companies selling these goods on their online platforms. Many producers of alcoholic and energy drinks have come under the regulator's close scrutiny.