Bombay FDA Case: The Bombay High Court has raised questions about the FDA's action against Amazon Retail's Bhiwandi warehouse. The court has advised the FDA to follow proper procedures. The next hearing in the case will be on August 10.
High Court reprimands FDA on Amazon case
Amazon Bhiwandi Warehouse: The Bombay High Court has reprimanded the FDA for its action against Amazon Retail India's Bhiwandi warehouse. The court said it was like "trying to kill a mosquito with a sword."
The High Court stated that while it is necessary to take action against violators, it is also essential to follow the correct method. The court asked the FDA whether shutting down all businesses in certain cases is the only solution. The court advised the department to use the correct method when taking action.
What is the whole matter?
This case involves Amazon Retail India's Bhiwandi warehouse. The FDA alleged that expired food items were being shipped from the warehouse, which should have been discarded. The FDA took action against the warehouse in this regard.
Amazon's lawyer, Venkatesh Dhond, told the court that FDA officials visited the warehouse on June 24th. The warehouse's license was temporarily suspended the following day. He argued that the company had not been given any prior notice to correct its deficiencies.
The license was also cancelled
Amazon subsequently appealed to the officer. However, while the appeal was still being heard, the FDA issued a show-cause notice on July 1st and subsequently revoked the license.
On this, the High Court raised the question of how, when the case was pending in appeal, an order to cancel the license be given. The court said that such action cannot be taken while the appeal is pending.
Action taken beyond what was necessary – High Court
The court clearly told the FDA that proper procedures must be followed to enforce the regulations. It also said that excessive action should not be taken in the name of strictness.
The government lawyer requested time to file a response on behalf of the FDA. The Bombay High Court will now hear the case next on August 10. Following this decision, Amazon Retail India is expected to receive significant relief, but a final decision on the matter is still pending.
