JOHNSON & JOHNSON LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and heard finally. The petitioner has challenged an order dated 30th March, 2013, passed by respondent No. 2-Joint Commissioner and Licensing Authority-Food and Drug Administration, cancelling the petitioner's licence with effect from 24th June, 2013, and an order of the Hon'ble Minister dated 20th June, 2013, dismissing the petitioner's appeal against the same. The result of the impugned orders is the cancellation of the petitioner's licence in relation to Johnson & Johnson baby powder, a cosmetic powder with respect to it's manufacturing facility situated at Mulund, Mumbai.

(2.) The petitioner is a part of the Johnson & Johnson group of companies which has been in existence for more than 127 years. The petitioner's predecessor in title started its operations in India in 1947. In 1948, it started manufacturing the powder under the brand name and mark "Johnsons' Baby Powder" (hereinafter referred to as "the powder"). The powder has been manufactured at the Mulund plant for over fifty years pursuant to and in accordance with the licences issued from time to time. The said licence bearing No. C/6 was issued to the petitioner initially in March, 1965. The last renewal was on 13th March, 2013 which was after the issuance of the show-cause notice which we will shortly refer to and only 17 days' before the impugned order dated 30th March, 2013 passed by respondent No. 2.

(3.) The facts leading to the impugned order are as follows: