Law firm considers class action due to birth control pills packaging error

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.

- SIPHESIHLE BUTHELEZI and KAMINI PADAYACHEE

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.