Class action by businesses in the complementary medicines industry

We successfully defended a class action against five individual officers of the Therapeutic Goods Administration (TGA) worth in excess of $150 million. The class action was brought by 169 businesses in the complementary medicines industry who alleged substantial losses following the suspension by the TGA of the manufacturing licence of Pan Pharmaceuticals and subsequent recall of products. The litigation raised issues concerning the conduct of representative proceedings and involved a complex factual matrix which necessitated a labour intensive forensic factual investigation and assessment. A court-ordered mediation extending over four days resulted in a settlement of the action. The settlement was approved by the Federal Court of Australia. There was no finding nor concession of any wrongdoing by our clients. The compensation paid to the represented class of applicants was provided by the Commonwealth of Australia, which was the first respondent in the proceedings.


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