Bombay High Court rebukes Maharashtra FDA over regulatory actions

Cipla Maharashtra FDA Bombay High Court licence cancellation regulatory oversight

The Bombay High Court has intervened in recent regulatory actions taken by the Maharashtra Food and Drug Administration (FDA), criticizing the agency for what it termed an excessive and disproportionate approach.

In one instance, the court directed the FDA to withdraw its order cancelling the licence of Cipla Pharma & Life Sciences’ Pune unit. The regulator had cited packaging issues with Reactin Plus tablets and documentation discrepancies. The court questioned the FDA’s conduct, noting that a personal hearing was scheduled on a state public holiday, which prevented Cipla’s representatives from attending. The FDA has been ordered to issue a fresh show-cause notice and conduct a hearing on a regular working day.

In a separate matter, the court also overturned the suspension of five restaurants located within the Mumbai Cricket Association premises. The bench criticized the FDA for showing ‘undue haste’ and taking a ‘pedantic instead of pragmatic view’ regarding food safety compliance. The court suggested that the regulator should avoid ‘killing a mosquito with a sword’ and warned of potential contempt actions against officers if such arbitrary actions continue.

Entities

Bombay High Court · Cipla Pharma & Life Sciences · Cipla Pharma & Life Sciences Ltd · Maharashtra Food and Drug Administration · Mumbai Cricket Association · Pune · Reactin Plus · Tukaram Mundhe

Claims

What the coverage asserts, and how many sources carry each claim.

[● 2 SOURCES] FDA inspections reported finding rotten raw food, kitchen filth, and improper temperature controls for food storage. samacharnama.com · www.bhaskarhindi.com
[● 2 SOURCES] The FDA originally suspended five outlets at the MCA: Permit Room, Pavilion, Mediterranean, Oriental Swing, and Clubway and Pastry Counter. samacharnama.com · www.bhaskarhindi.com
[DISPUTED] A subsequent inspection indicated that the restaurants were complying with 88 percent of food safety regulations. hindi.news18.com
[○ 1 SOURCE] The court warned FDA officials of potential contempt of court proceedings and imprisonment if they failed to rectify their actions. hindi.news18.com
[● 3 SOURCES] The court stated that the Maharashtra Food and Drug Administration (FDA) acted in haste and lacked practical reasoning in its decision. samacharnama.com · www.bhaskarhindi.com · hindi.news18.com
[● 3 SOURCES] The Bombay High Court overturned the Maharashtra FDA's order to suspend the licenses of five restaurants located within the Mumbai Cricket Association (MCA) premises. samacharnama.com · www.bhaskarhindi.com · hindi.news18.com