Hundreds of women considering legal action over 'faulty birth control pills'

Nearly 500 South African women have contacted lawyers following a packaging error on their birth control pills.

As reported by The Witness, LHL Attorneys is investigating a potential class action against Bayer South Africa, the manufacturer of Yaz Plus contraceptive pills, following potential unintended pregnancies that may have taken place between 2023 and 2025.

It comes after a batch of the pills was recalled last year after a packaging error that meant hormone-free tablets were placed where the hormone-containing tablets should have been.

For context, a normal Yaz Plus pack contains 24 light pink tablets which contain contraceptive hormones, and four light orange placebo pills containing no hormones

The affected packs in the mix-up contained 24 light hormone-free tablets and only four hormone-containing tablets, meaning the women taking them would have been mostly unprotected, while believing they were.

The faulty batch included just four hormone-containing pills (Bayer Ltd)

As per the BBC, the issue affected only a limited number of packets in a specific batch, which was labelled WEW96J, and expired in March 2026.

Bayer South Africa, in consultation with the South African Health Products Regulatory Authority (SAHPRA), recalled the batch in November 2024.

The recall notice read: "While only a limited number of packs from the respective batch is affected, as a precautionary measure, no tablets from these packs shall be used until you have consulted your healthcare practitioner, as they may potentially not provide the contraceptive protection you expect."

At the time, SAPHRA advised women who had taken tablets from the affected batch to stop using them, return them to the pharmacy where they had been dispensed for a replacement or refund, and consult their healthcare providers.

As reported by The Citizen, the batch was distributed on 9 and 24 November 2023, and it remained in circulation for about a year before the recall.

LHL Attorneys senior associate Demi Buckley told the outlet that the case is still under investigation and the court hasn’t yet given the green light for it to proceed as an official class action suit.

Nearly 500 women have reportedly enquired about the lawsuit (Getty Stock Image)

She told the publication: “The official recall strengthens our case as there is no dispute that certain blister packs had a reversed pill sequence due to a mispackaging error,” and pointed out that the error ‘would have affected the efficacy of the affected batch’.

The lawyer described the product as ‘effectively rendering the product almost useless, from a contraceptive perspective’.

However, claimants will still have to prove their cases on a balance of probabilities and provide the evidence needed to establish that the company was legally responsible.

Buckley added: “For women that enquire, we assist them with gathering the relevant medical and pharmacy records to determine whether they may have a potential claim.”

It’s important to note that although nearly 500 women have approached lawyers, these are simply enquiries and are not a number of confirmed claimants or women who have formally joined court proceedings.

As reported by The Witness, the potential damages being investigated include medical expenses associated with pregnancy and childbirth, and loss of income where women were not paid during maternity leave.

Tyla has contacted Bayer Pharmaceuticals for comment.