Law firm LHL Attorneys Inc. is investigating a possible class action against Bayer (Pty) Ltd. This is due to a YAZ PLUS packaging error that may have left South African users exposed to unintended pregnancies. The issue affects a specific batch of YAZ PLUS oral contraceptive pills and has already prompted a nationwide recall.
The South African Health Products Regulatory Authority (SAHPRA) issued a Class II recall on 21 November 2024. This followed identifying a defect in blister packs from batch WEW96J, distributed from November 2023. Instead of 24 active hormone (pink) tablets and four hormone-free (light orange) tablets, some packs contained 24 hormone-free tablets and only four active tablets. This was “drastically undermining contraceptive efficacy,” according to SAHPRA and Bayer.
Recall Details, Legal Rights and Next Steps
LHL Attorneys said it has been approached in recent weeks by seven women who fell pregnant while using YAZ PLUS during the affected period. Managing associate Angelique Pienaar stressed that birth control plays a crucial role in bodily autonomy and family planning. She highlighted that packaging errors can carry serious personal, financial, and emotional consequences.
Under the Consumer Protection Act 68 of 2008, manufacturers can be held liable for defective products. The firm said women who bought or used YAZ PLUS between 9 November 2023 and 31 January 2025 may be entitled to claim compensation. This applies to those who believe they experienced an unintended pregnancy linked to the YAZ PLUS packaging error. Compensation may cover medical costs, financial losses, emotional suffering, and the long-term costs of raising a child.
Pienaar explained that a class action begins with an application to court to certify the case on behalf of a defined group. This process is utilized rather than opting for many individual lawsuits. If the court grants certification, summons is issued and the case proceeds on its merits. She said the process aims to allow affected women to pursue justice collectively, efficiently, and fairly.
Response
LHL Attorneys has urged anyone who used YAZ PLUS from the affected period to check their blister packs for batch number WEW96J. They should consult a healthcare provider and retain any proof of purchase or use. The firm is offering free consultations to potential claimants concerned about the YAZ PLUS packaging error.
