The Bombay High Court has allowed the company to release its stock in the market after its sale was put on hold last year by the State Food and Drug Administration (FDA).
The court noted that the show-cause notice issued to the petitioners merely alleged contravention of the provisions of Section 18a (ii) which deals with any cosmetic which is not of standard quality or is misbranded or adulterated or spurious.
"However, in the affidavit, respondents have come up with a totally new stand and has alleged that the product manufactured and sold by the Petitioners is not a 'cosmetic' but 'Drug'," the court said.
Thus, the court permitted the petitioner to make a representation before the JMFC, Bhiwandi, giving details of its product and for demonstrating why its product cannot be branded as 'drugs'.
"Till date, the respondents have not carried out any testing and have merely imposed restriction on the petitioner not to dispose of the stock on a specious ground that it is 'misbranded' cosmetic. The respondents are entitled to take appropriate action if the product of the petitioner is found to be a drug and not cosmetic ….
However, at present, interest of justice would be served if the respondents are directed to retain samples of the 7 (seven) variants of the product 'Sensodyne' toothpaste, which are the subject matter of the restraint orders under section 22 (1) (c) and we direct release of the remaining stock of the petitioner to be sold in the market."
The court further Clarified that the said release of the product is subject to the final outcome of the petition.