Bombay High Court Criticizes FDA's Heavy-Handed Approach Against Amazon

The Bombay High Court has raised concerns over the Maharashtra FDA's aggressive enforcement tactics against Amazon Retail India, likening their approach to using a sword to kill a mosquito. The court praised the FDA's commitment to regulation but questioned the effectiveness of shutting down businesses as a solution. This scrutiny follows allegations against Amazon regarding expired food products. As the case unfolds, the court has emphasized the importance of following legal procedures, particularly concerning license suspensions during pending appeals. The next hearing is set for the 10th, as the FDA prepares to respond to the court's inquiries.

By Narendra Chaudhary Aug 8, 2026, 07:09 IST

Court's Remarks on FDA's Actions

On August 7, the Bombay High Court expressed its disapproval of the Maharashtra Food and Drug Administration's (FDA) aggressive tactics, likening their approach to 'killing a mosquito with a sword.' This comment came during a hearing regarding the FDA's stringent actions against an Amazon Retail India warehouse. The bench, led by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, acknowledged the FDA's efforts to enforce regulations but questioned whether shutting down all commercial establishments was an effective solution to the issue at hand.

Advice for Systematic Operations

The court advised the agency to adopt a more organized approach. Since IAS officer Tukaram Mundhe took over as the commissioner of the Maharashtra FDA in May, the agency has been in the spotlight for its ongoing raids on various food establishments, including well-known restaurants. The bench remarked, 'We must inform you that in your zeal to enforce policies, you are attempting to kill a mosquito with a sword.'

Allegations Against Amazon

The FDA's actions against Amazon Retail India's warehouse in Bhiwandi were prompted by allegations that the company had distributed food items past their expiration dates instead of destroying them. Following this, Amazon sought legal recourse from the High Court, which is scheduled to hear the case again on the 10th. Amazon's lawyer, Venkatesh Dhond, stated that FDA officials visited the warehouse on June 24 and suspended its license the very next day without issuing a 'correction notice.'

Legal Concerns Raised

The bench questioned the legality of issuing a license cancellation order while an appeal is pending, emphasizing that established law prohibits such actions during the appeal period. The court reiterated, 'Thus, we must inform you that in your efforts to strictly enforce your policies, you are using a sword to kill a mosquito. Proper procedures must be followed.' Government lawyer Neha Bhide requested additional time to file an affidavit on behalf of the FDA.