Home / Business and Economy / Courts Overturn FDA Closures: Due Process Questioned
Courts Overturn FDA Closures: Due Process Questioned
3 Aug
Summary
- High courts ruled FDA must follow due process before suspending licenses.
- Immediate license suspension is only allowed for compelling public health risks.
- Courts emphasized proportionality and fairness in FDA enforcement actions.
In Maharashtra, the Food and Drug Administration (FDA) under Tukaram Mundhe has seen its swift enforcement actions challenged in court. Over the past month, the Bombay High Court has intervened in at least nine cases, ruling that licenses were suspended without proper due process. Courts have reinstated licenses, emphasizing that immediate closures are only justifiable in "compelling" circumstances posing significant public health risks.
The Food Safety and Standards Act mandates an "improvement notice" before suspension, allowing businesses 14 days to rectify violations. The FDA had leaned on an exception allowing immediate suspension in the interest of public health, a move now questioned by the judiciary. Courts have stressed that actions must be proportionate and fair, with minor issues like slippery floors not warranting immediate shutdowns.
Judicial decisions have highlighted inconsistencies, with one bench noting that if a canteen in a government building has issues, a private establishment should not face harsher penalties. This points to a demand for impartiality in inspections and enforcement, suggesting that the FDA's approach, while laudable, might sometimes be disproportionate.
