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.


Related Articles

Duty of care owed by an employer in workplace disciplinary investigations

Legal Directions

Govier v The Uniting Church in Australia Property Trust (Q) [2018] HCA Trans 65 (13 April 2018) On 13 April 2018,…

Continue reading

Work Health and Safety Update

Legal Directions

DPP v CLM Infrastructure Pty Ltd [2017] VCC 192 (3 March 2017) The defendant, CLM Infrastructure Pty Ltd (‘CLM’), pleaded guilty…

Continue reading

Up the garden path: VWA stumbles in recovery claim against university

Legal Directions

VWA v Monash University [2016] VSC 178 (McDonald J., 22 April 2016) Introduction This recent Supreme Court of Victoria decision exemplifies…

Continue reading