Maharashtra FDA Backs Down After High Court Rebuke Over Licence Cancellations
Published on 08/29/2026 at 20:47 | Editorial boerse-global.de
India's Maharashtra Food and Drug Administration (FDA) withdrew two major enforcement actions on August 29, 2026, after the Bombay High Court sharply criticised the regulator for acting with "undue haste". The court intervened after the FDA moved to cancel a pharmaceutical licence for Cipla and suspend operations at five eateries run by the Mumbai Cricket Association (MCA) — a reminder for UK employers that even well-intentioned enforcement must follow due process.
The legal setback came during a period of heightened regulatory activity in the state. While the FDA backed down in these specific cases, it simultaneously pushed forward with other enforcement actions against food businesses in Mumbai and Akola for hygiene and safety violations.
Court Condemns "Pedantic" Regulatory Approach
The Bombay High Court characterised the FDA's actions against Cipla and the MCA eateries as high-handed and a violation of the principles of natural justice. The regulator, the court said, had acted with undue haste and adopted a pedantic approach that exceeded reasonable enforcement standards.
In the case of the MCA, recent inspections revealed that the five establishments at the Bandra Kurla Complex were 88% compliant with safety regulations. Following the court's intervention, the FDA agreed to revoke the suspension orders, allowing the restaurants to reopen immediately. The regulator indicated it would issue fresh notices to the MCA and review existing infrastructure agreements.
Similarly, the FDA withdrew its order to cancel the drug sale licence for Cipla's facility in Pune, which had been slated to take effect in late August. The court warned the regulatory body of potential contempt proceedings if it continued with such enforcement methods, prompting the FDA to commit to issuing fresh show-cause notices rather than immediate cancellations.
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Crackdown Continues With Further Suspensions
While the court checked the FDA's authority in some instances, the agency continued a broader crackdown on food safety that began in the spring. In the final days of August, the FDA suspended the licences of four additional food establishments in Mumbai.
These businesses — Akshay Caterers at the Garware Institute, Craftpac Hospitality, Marian Hotel, and Bhagwati Stores — were flagged for various violations including cockroach infestations, the reuse of cooking oil, and the excessive use of additives such as MSG.
Inspectors reported findings of cross-contamination and unhygienic storage conditions at these sites. The canteen at the Garware Institute specifically faced sanctions for failing to maintain basic hygiene standards. These actions followed a similar closure of the Noor Mohammadi Hotel earlier in the year for hygiene-related issues.
Large-Scale Seizures and Inspections
The scope of the current enforcement wave is reflected in recent data from the region. During a single month this summer, the FDA conducted inspections of more than 3,000 eateries, resulting in 165 licence suspensions. While approximately 70 of those licences were later revoked or restored after compliance was met, the scale of the operation under the leadership of Tukaram Mundhe remains significant.
Outside of Mumbai, enforcement officials seized nearly 7,000 kilograms of adulterated oil in Akola on August 29, 2026. The raids targeted two businesses: Prabhudayal Laxminarayan, where oil worth approximately Rs 6.21 lakh was recovered, and Bharatkumar and Brothers, where authorities seized stock valued at roughly Rs 5.61 lakh.
To improve public transparency and food safety, the Bombay High Court suggested that major eateries maintain active websites and social media profiles to facilitate direct public feedback on hygiene standards. The court's recommendation aims to supplement regulatory oversight with consumer-driven accountability.
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