The Drug Controller General of India (DCGI) has issued a show-cause notice to Johnson & Johnson for using government test results to advertise the safety of its baby talcum powder, which is in violation of the Indian law.
The government notice issued on Tuesday said that publication of any advertisement on the basis of a test report by the government analyst is not permissible under Section 29 of the of Drugs and Cosmetics Act, 1940.
The drug inspectors last year had drawn samples of raw material of Johnson & Johnson’s baby talc powder for analysis, including presence of carcinogenic asbestos in the raw material.
“They were not supposed to use government test report for advertisement purposes. It’s punishable under the law,” said Dr S Eswara Reddy, the DCGI.
On February 28, in a statement, Johnson & Johnson announced that the company had resumed production of its baby powder at plants in India, after government sanctioned testing reaffirmed that the product did not contain asbestos.
“Taking legal actions against a company has larger implications. It hasn’t happened before,” he said. The order prohibits the company from advertising a product on the basis of the government test results. “Your reply should reach ...within... seven days from the date of the receipt of this Show Cause Notice, failing which it will be presumed that you have nothing to say in the matter and appropriate action in accordance with law will be initiated against you,” the notice reads. “We will approach court if the company doesn’t respond,” said Dr Reddy.
{{/usCountry}}“Taking legal actions against a company has larger implications. It hasn’t happened before,” he said. The order prohibits the company from advertising a product on the basis of the government test results. “Your reply should reach ...within... seven days from the date of the receipt of this Show Cause Notice, failing which it will be presumed that you have nothing to say in the matter and appropriate action in accordance with law will be initiated against you,” the notice reads. “We will approach court if the company doesn’t respond,” said Dr Reddy.
{{/usCountry}}The company refused to respond to the matter, saying it hadn’t received the order.