Bombay HC Criticizes FDA Over Cipla Licence Cancellation
Bombay HC slams FDA, FDA withdraws order against Cipla

The Bombay High Court has criticized the Maharashtra Food and Drug Administration (FDA) for cancelling the drug sale licence of Cipla Pharma & Life Sciences Ltd's carrying and forwarding facility in Pune.
The FDA had cancelled the licence citing several irregularities concerning the packaging, storage, records and recall of Reactin Plus Tablets.
However, the court observed that the FDA had not followed due process and its action was contrary to the principles of natural justice.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the FDA had acted in a high-handed manner and gone overboard.
The court was hearing a petition filed by Cipla challenging the FDA's action.
Senior counsel Aabad Ponda, representing Cipla, told the court that the company had not been given a fair opportunity to be heard.
The FDA had emailed the company on August 26, asking it to appear for a hearing the same day, which was a public holiday.
The company had sought an adjournment, but the FDA had rejected the request and passed the cancellation order on the same day.
The court questioned the FDA's decision to call the company for a hearing on a government-declared holiday and then proceed to pass the cancellation order on the same day.
The judges also questioned whether the process followed by the department was fair and transparent.
Following the court's criticism, the FDA withdrew its order cancelling the drug sale licence of Cipla's Pune facility.
The regulator will now issue a fresh show-cause notice to the company, followed by a reasoned order after considering its response.
The FDA's action had followed a June inspection of Cipla's Pune facility, where officials found unauthorized promotional wording on the packaging of Reactin Plus Tablets, a Schedule H prescription medicine.
The court's decision is a significant setback for the FDA, which has been criticized for its handling of the case.
The case highlights the importance of following due process and respecting the principles of natural justice in regulatory actions.
The withdrawal of the FDA's order is a victory for Cipla, which had challenged the regulator's action in court.
The company can now continue to operate its Pune facility without any interruption.
The case also raises questions about the FDA's powers and its ability to regulate the pharmaceutical industry effectively.
The regulator must ensure that it follows the law and respects the rights of companies and individuals in its regulatory actions.
The Bombay High Court's decision is a reminder that regulatory bodies must act in a fair and transparent manner.
The court's criticism of the FDA's handling of the case is a significant development in the ongoing debate about the role of regulatory bodies in India.
The case highlights the need for regulatory bodies to follow due process and respect the principles of natural justice in their actions.
The withdrawal of the FDA's order is a positive development for Cipla and the pharmaceutical industry as a whole.
It is a reminder that companies have the right to be heard and to challenge regulatory actions in court.
The case is a significant development in the ongoing debate about the role of regulatory bodies in India and the need for fairness and transparency in their actions.
The decision of the Bombay High Court has significant implications for the pharmaceutical industry in India.
The court's criticism of the FDA's handling of the case is a reminder that regulatory bodies must act in a fair and transparent manner.
The case highlights the need for regulatory bodies to follow due process and respect the principles of natural justice in their actions.
The withdrawal of the FDA's order is a positive development for Cipla and the pharmaceutical industry as a whole.
It is a reminder that companies have the right to be heard and to challenge regulatory actions in court.
The case is a significant development in the ongoing debate about the role of regulatory bodies in India and the need for fairness and transparency in their actions.
In conclusion, the Bombay High Court's decision is a significant development in the ongoing debate about the role of regulatory bodies in India.
The court's criticism of the FDA's handling of the case is a reminder that regulatory bodies must act in a fair and transparent manner.
The case highlights the need for regulatory bodies to follow due process and respect the principles of natural justice in their actions.
The withdrawal of the FDA's order is a positive development for Cipla and the pharmaceutical industry as a whole.
It is a reminder that companies have the right to be heard and to challenge regulatory actions in court.
The case is a significant development in the ongoing debate about the role of regulatory bodies in India and the need for fairness and transparency in their actions.
What it means for Mumbai and India is that regulatory bodies must be held accountable for their actions.
The Bombay High Court's decision is a reminder that companies have the right to be heard and to challenge regulatory actions in court.
The case highlights the need for regulatory bodies to follow due process and respect the principles of natural justice in their actions.
The withdrawal of the FDA's order is a positive development for Cipla and the pharmaceutical industry as a whole.
It is a reminder that companies have the right to be heard and to challenge regulatory actions in court.
The case is a significant development in the ongoing debate about the role of regulatory bodies in India and the need for fairness and transparency in their actions.
Frequently asked questions
What was the reason for the FDA's cancellation of Cipla's licence?
The FDA had cancelled the licence citing several irregularities concerning the packaging, storage, records and recall of Reactin Plus Tablets.
What was the court's decision in the case?
The Bombay High Court criticized the FDA for acting in a high-handed manner and going overboard, and the FDA withdrew its order cancelling the drug sale licence of Cipla's Pune facility.