Law firm LHL Attorneys Inc. has announced that it is investigating a potential class action against pharmaceutical giant Bayer (Pty) Ltd in connection with a packaging error for oral contraceptive pills that left women in South Africa vulnerable to unintended pregnancies.
The defect, which affected a batch of YAZ PLUS oral contraceptive pills distributed from November 2023, led to a nationwide Class II recall by the South African Health Products Regulatory Authority (SAHPRA) on November 21, 2024.
According to SAHPRA and Bayer, blister packs from batch number WEW96J contained 24 hormone-free (light orange) tablets and only four active hormone (pink) tablets, the reverse of the intended 24 active and four placebo sequence “drastically undermining contraceptive efficacy.”
In a media statement, Angelique Pienaar, managing associate at LHL Attorneys Inc., said: “Birth control is essential for exercising your right to bodily autonomy and family planning. Packaging errors, such as including too many placebo pills, compromise its effectiveness, leading to unintended pregnancies, along with significant personal, financial, and emotional consequences,” she said.
Under the Consumer Protection Act 68 of 2008, manufacturers can be held liable for defective products. LHL Attorneys noted that affected users may be entitled to compensation for medical expenses, financial losses, emotional suffering, and long-term costs of raising a child.
In response to questions from The Mercury, Pienaar said that over the past two to three weeks, the firm had been approached by seven women who fell pregnant during the affected period while using YAZ PLUS.
“We expect that more affected users may come forward as awareness grows and as women begin connecting their experiences to the recall notice.”
She added that while the proposed class action is focused on individuals who fell pregnant as a result of the defective packaging, individuals that experienced other adverse effects or complications related to their use of affected YAZ PLUS pills should contact the firm so that they can assess their circumstances and determine whether they may have a potential claim.
Explaining the steps involved in a class action, Pienaar said a class action starts with an application to court asking for the matter to be certified as a class action. This is called a certification application.
At the certification hearing, the court decides whether the case should proceed on behalf of a defined group of affected individuals rather than through multiple individual claims. If the court grants certification, summons is issued and served, beginning the action proceedings. Thereafter the court will deal with the merits of the matter.
“The purpose of this process is to ensure that all affected women can pursue justice collectively, efficiently, and fairly, without each person having to carry the burden of an individual lawsuit.”
LHL Attorneys said those who purchased or used YAZ PLUS between November 9, 2023 and January 31, 2025, and believes they experienced an unintended pregnancy, should contact them for a free consultation.
Affected consumers are urged to check their blister packs for batch number “WEW96J”, consult their healthcare provider, and keep any evidence of purchase or usage.
Bayer had not responded to a request for comment by the time of publication.
THE MERCURY
