The Bombay High Court on July 25, 2019, in the case of Godfrey Philips India Ltd. & Anr. v. The State of Maharashtra & Ors. has directed the State government and Maharashtra Food and Drug Administration to file their replies while hearing a writ petition filed by Godfrey Philips India Ltd challenging FDA's action of seizing e-cigarettes manufactured by the company.
A Division Bench of JusticesRanjit More and Bharati Dangre has passed an interim order restraining the Maharashtra FDA from taking coercive steps against the company until the next hearing.
State FDA Commissioner directed a ban on storage, manufacture, sale and distribution of e-cigarettes in the State following an advisory issued by the Union Ministry for Health and Family Welfare to State governments dated August 28, 2018, for ban on e-cigarettes.
On June 25, 2019, the State FDA had conducted an inspection of the stock stored in warehouses of the company and seized e-cigarettes. Pursuant to this, a show-cause notice was issued to the company on July 6, 2019, for violating the Cigarettes and Other Tobacco Products Act, 2003, and Drug and Cosmetics Act, 1940.
Senior Counsel Amit Desai appearing for the company submitted that the said stock seized by State FDA is covered by an order of the Delhi High Court dated March 18, 2019, wherein Justice Vibhu Bakhru had ordered a stay on a circular issued by State Customs calling for a ban on import, manufacture, sale and distribution of Electronic Nicotine Delivery Systems (ENDS) like e-cigarettes, esheesha, vape, e-hookah with nicotine flavour etc.
Desai sought similar reliefs for the company and asked for the seized stocks to be released.
