Amidst the ongoing crackdown by FDA, the Bombay High Court has strongly reprimanded the Maharashtra Food and Drug Administration (FDA) for its recent heavy-handed crackdown on commercial and pharmaceutical entities.A Division Bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad issued a stern warning, stating that the regulatory body must exercise its authority with restraint rather than enforcing disproportionate penalties.”You have the power to use a sword, but the problem is you are using it to kill a mosquito.
The Bench observed that
‘Power’ has to be exercised with restraint,” The court made these verbal remarks while hearing a petition filed by Cadila Pharmaceuticals Limited, which challenged an FDA order banning the sale and distribution of its medicines.Criticising the regulator’s “shoot first and then ask questions” approach, the High Court emphasised that enforcement actions must remain fair and respect due process.
It issued directives to FDA to grant businesses a proper hearing before initiating any drastic actions, warning that further procedural lapses would attract heavy legal costs.
News Edit KV Raman
