Law firm considers class action for women affected by YAZ PLUS birth control error
LHL Attorneys Inc., has been instructed to institute class action proceedings, should they be deemed viable, in respect of the packaging error affecting a batch of YAZ PLUS oral contraceptive pills distributed in South Africa from November 2023
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Law firm LHL Attorneys Inc. is currently examining the possibility of a class action lawsuit against Bayer (Pty) Ltd following a significant packaging error involving YAZ PLUS oral contraceptive pills, which has resulted in numerous unintended pregnancies among women in South Africa.
The defect, noted in a specific batch of YAZ PLUS contraceptive pills distributed from November 2023, prompted the South African Health Products Regulatory Authority (SAHPRA) to issue a nationwide Class II recall on November 21, 2024.
Affected blister packs from batch number WEW96J mistakenly contained 24 hormone-free (light orange) tablets alongside only four active hormone (pink) tablets, in a reversal of the intended design of 24 active and four placebo tablets. This critical error has been described as one that “drastically undermined contraceptive efficacy,” according to both SAHPRA and Bayer.
In a recent media statement, Angelique Pienaar, managing associate at LHL Attorneys Inc., expressed the gravity of the situation: “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.”
The law firm highlighted that under the Consumer Protection Act 68 of 2008, manufacturers can be held accountable for defective products such as these contraceptive pills. Affected users may be eligible for compensation due to medical expenses incurred, financial losses, emotional suffering, and ongoing responsibilities tied to raising a child.
In an interview with The Mercury, Pienaar shared that over the past few weeks, the firm has been contacted by seven women who faced unintended pregnancies while using YAZ PLUS during the concerning period. “We expect that more affected users may come forward as awareness grows and as women begin connecting their experiences to the recall notice,” she noted.
Although the proposed class action specifically prioritises individuals who became pregnant due to the defective packaging, Pienaar encouraged anyone who may have suffered other adverse effects related to YAZ PLUS to contact the firm. She explained that they would assess each situation to determine the potential for additional claims.
Explaining the procedural steps involved in a class action, Pienaar stated that it begins with a certification application to the court. This involves a hearing where the court assesses whether the case should advance on behalf of a defined group rather than through numerous individual claims. If successful, the court will issue a summons and initiate proceedings focused on the merits of the case. “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,” she added.
LHL Attorneys urged women who purchased or used YAZ PLUS between November 9, 2023, and January 31, 2025, and believe they experienced unintended pregnancies, to contact them for a free consultation.
Additionally, affected consumers are advised to check their blister pack for batch number “WEW96J,” consult their healthcare provider for guidance, and retain any evidence of purchase or usage.
As of the time of publication, Bayer had not yet responded to requests for comment.
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