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Law Firm Explores Class Action Over YAZ PLUS Packaging Error Causing Unintended Pregnancies

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YAZ PLUS Packaging Error Sparks Legal Scrutiny

A packaging error in YAZ PLUS oral contraceptive pills has prompted a possible class action in South Africa, with law firm LHL Attorneys Inc. investigating claims that the defect led to unintended pregnancies.

The affected batch, distributed from November 2023, prompted a nationwide Class II recall by the South African Health Products Regulatory Authority (SAHPRA) on November 21, 2024. The problem was traced to blister packs from batch number WEW96J, which contained 24 hormone-free tablets and only four active hormone pillscompletely reversing the intended 24 active, four placebo sequence.

This error, experts say, drastically undermines contraceptive effectiveness, leaving women vulnerable to unplanned pregnancies.

Legal Action on the Horizon

Angelique Pienaar, managing associate at LHL Attorneys Inc., emphasised the serious consequences of the packaging mistake.

“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,” Pienaar said.

Under South Africa’s Consumer Protection Act, manufacturers can be held liable for defective products. LHL Attorneys noted that affected users may be entitled to compensation covering medical costs, financial losses, emotional suffering, and even long-term costs of raising a child.

Rising Awareness Among Affected Women

Pienaar told The Mercury that the firm had already been contacted by seven women who fell pregnant while using the defective YAZ PLUS pills. She expects more women may come forward as awareness grows.

“The proposed class action focuses on individuals who fell pregnant due to the defective packaging. However, anyone who experienced other adverse effects or complications from the affected YAZ PLUS batch should also contact us to assess their potential claim,” she said.

How a Class Action Works

A class action in South Africa begins with a certification application to the court. If approved, the case proceeds on behalf of all affected individuals rather than through separate lawsuits. Summonses are issued, and the matter is argued collectively, allowing for a fair and efficient legal process.

“The goal is to ensure all affected women can pursue justice together, without each person bearing the full burden of an individual lawsuit,” Pienaar explained.

What Consumers Should Do

Women who purchased or used YAZ PLUS between November 9, 2023, and January 31, 2025, and believe they experienced an unintended pregnancy, are urged to:

  • Check their blister packs for batch number WEW96J.

  • Consult their healthcare provider immediately.

  • Keep any evidence of purchase or usage.

  • Contact LHL Attorneys for a free consultation.

As of publication, Bayer had not provided a comment regarding the ongoing investigation.

Public Reaction

On social media, women have expressed shock and frustration over the recall, sharing personal stories of unexpected pregnancies and calling for accountability from Bayer. Many have praised LHL Attorneys for stepping in to explore collective legal recourse.

This case highlights the critical importance of accurate pharmaceutical packaging and the real-life impact when errors occur, affecting women’s health, autonomy, and life plans.

{Source: IOL}

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