The High Court of Kenya is expected to issue directions in a case in which a rights group is seeking to bar American multinational corporation Johnson & Johnson from selling its talc-based baby powder to Kenyans.
The African Centre for Corrective and Preventive Action (petitioner) filed the case last year seeking to have the sale and distribution of the powder in the Kenyan market stopped.
The Kenya Bureau of Standards has defended the sale and distribution of Johnson & Johnson baby powder in the Kenyan market, dismissing claims of the product being contaminated with harmful substances.
In response to a suit filed by the African Centre for Corrective and Preventive Action, Kebs says it is not aware of any complaint on the existence of any harmful component in the product imported into the Kenyan market over the years.
It however acknowledges the existence of a previous alert by the United States Food and Drug Administration that recalled the product after a test showed the product to be contaminated with asbestos, a carcinogenic substance.
In an affidavit, Julian Maina an inspection officer of Kebs says following that alert, they discussed the matter with American multinational corporation Johnson&Johnson which confirmed that the batch subject of recall in the United States was never imported into the Kenyan market.
To protect Kenyan consumers, Kebs explains that it instituted a raft of measures.
One of them required all baby powder imported into the country to be tested for asbestos under the pre-export verification of conformity program.
“It is important that any complaint of alleged contamination in a product be made specifically in a manner to identify the batch complained of, where manufactured and to have the same tested and if confirmed to be contaminated, a recall is done from the market to prevent harm to consumers,” says Maina.
He states the petitioner in the matter before the court is seeking a blanket condemnation of an entire product line from the market which is not backed by any evidence and is therefore unsustainable.
