FDA is using ‘a sword to killa mosquito’, exercise power with restraint: Bombay HC

The Bombay High Court has warned the Maharashtra Food and Drug Administration (FDA) to use its power with careful restraint, comparing it to wielding a sword to kill a mosquito. The court made the observation while hearing a plea by pharmaceutical company Cadila Pharmaceuticals Limited, which challenged the FDA's decision to ban the sale and distribution of some of its medicines and seize ₹2.45 crore worth of stock across the state due to branding similarities.

A Division Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed concern over several instances where the FDA has taken such actions. The court warned that while the FDA holds the power to take such measures, they must be exercised with caution and not unnecessarily. The government pleader argued that the FDA's decision was a preventive measure, but the court accepted the FDA's commitment to revoke its orders, issue show-cause notices, and grant a hearing before passing a reasoned order.