Bombay High Court

Bombay High Court: Aveo Pharmaceuticals Can Resume Production After FDA's Halt

Updated
Sep 23, 2025 2:53 PM
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Summary: In a recent court decision, Aveo Pharmaceuticals successfully challenged the Food and Drug Administration's (FDA) order to stop production. The court found the FDA's actions were not in line with legal requirements, allowing Aveo to resume operations.

Background of the Case

Aveo Pharmaceuticals Pvt. Ltd., led by Director Vinod Kumar Sharma, faced an abrupt halt in production. This was due to an order from the Joint Commissioner of the FDA, following a government directive to withdraw certain drug combinations. The issue centered around the manufacturing of Tapentadol and Carisoprodol combinations, which were flagged for potential misuse.

Immediate Compliance

On February 23, 2025, Aveo followed the order by giving up their license to produce these specific drug combinations. The FDA confirmed this surrender the next day. However, a joint inspection by the Central Drugs Standard Control Organization (CDSCO) and the FDA led to a notice demanding documents related to drug manufacturing.

Order Without Hearing

The FDA directed Aveo to stop all production on February 26, 2025, without any prior hearing. This was followed by a notice the next day, questioning Aveo's compliance with Good Manufacturing Practices.

Legal Battle Begins

Aveo, unable to resume production despite efforts to comply, appealed to the state government. However, the appeal was dismissed by the Minister of Food & Drug Department on July 10, 2025, prompting Aveo to seek help from the court.

Court's Decision

Judge N. J. Jamadar presided over the case. The court criticized the FDA for not following the proper legal steps, particularly the failure to provide a chance for Aveo to explain their side before making a decision. The judgment emphasized:

"The Licensing Authority must give the licensee an opportunity to show cause why such an order should not be passed."

The court found the FDA's actions to be a clear violation of legal requirements, leading to the cancellation of the stop production orders.

Implications and Next Steps

The court's decision allows Aveo to resume manufacturing, but it also leaves room for the FDA to take further action, provided they follow legal procedures. The ruling underscores the importance of following fair legal processes and the need for regulatory bodies to adhere to established legal rules.

Aveo's victory highlights the balance between regulatory oversight and the rights of pharmaceutical companies to fair treatment under the law.