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

PROPERTY INSURANCE – LIMITATION PERIOD CURTAILED BY IMMEDIATE OBLIGATION TO INDEMNIFY

Legal Directions

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 The limitation period for a claim under an ‘indemnity’ property…

Continue reading

Federal Court of Australia Insurance List

Legal Directions

As part of the National Court Framework Reforms, the Federal Court of Australia will establish an Insurance List for short matters…

Continue reading

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