Specialist Fields

LIFE SCIENCES & HEALTHCARE LAW

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We assist businesses in all areas of Life Sciences & Healthcare Law

Our Life Sciences & Healthcare Law team supports medical professionals, healthcare startups, pharmaceutical companies, medical device manufacturers, and telehealth providers in navigating the growing complexity of healthcare regulation in South Africa in the following areas:

  • Telehealth & Telemedicine
  • Supply Chain & Distribution Regulations
  • Marketing, Advertising & Labelling of Medicines
  • Medical Devices & Complementary Medicines
  • Establishment Licenses for Medical Devices
  • Medical Pricing and Clinical Trial Compliance

With increased scrutiny from regulators like the Health Professions Council of South Africa (HPCSA) and SAHPRA, it’s critical that businesses in the healthcare space meet their legal obligations with confidence. We provide clear, commercially focused advice to ensure our clients stay compliant and competitive across all stages of growth.

Our Life Sciences & Healthcare Law services include drafting and reviewing contracts for telehealth platforms, advising on regulatory compliance, supporting medical device establishment licensing, guiding clinical trial legal processes, and ensuring that medicine pricing, marketing, labelling, and advertising align with current legal frameworks.

In particular, the Caveat Legal Team can assist clients with:

  • Operating in digital health and telemedicine: Advising on telehealth regulations, drafting terms of use, and ensuring compliance with HPCSA and cross-border service guidelines;

  • Importing, manufacturing or distributing medical devices and complementary medicines: Assisting with SAHPRA registration, obtaining establishment licences, and reviewing labelling and packaging for compliance;

  • Running clinical trials or pricing new products: Providing legal guidance on trial documentation, participant protection, and ensuring local and international regulatory compliance;

  • Marketing pharmaceuticals or healthcare products: Ensuring that any advertising or marketing of products is compliant with the relevant legislation and guidelines published by the Marketing Code Authority.

We also advise healthcare clients on commercial contracts, intellectual property, and regulatory strategy, ensuring that legal risks are managed proactively.

The regulatory environment in healthcare is shifting fast, especially in areas like telemedicine and complementary medicine. My goal is to help clients cut through complexity and meet compliance standards without slowing down innovation.

— Simone Izzard, Panel Expert

Simone Izzard - profile photo

Clients

Johnson and Johnson logo
Medtronic Logo
HearX Logo
BioMine Health Logo
Umsembe Logo
Aviro Healthcare

Key laws and regulatory bodies that apply to Healthcare Law in South Africa include:

  • Medicines and Related Substances Act, 1965
  • Health Professions Act, 1974
  • National Health Act, 2003
  • Marketing Code Authority
  • South African Health Products Regulatory Authority (SAHPRA)
  • Health Professions Council of South Africa (HPCSA)
  • Consumer Protection Act, 2008
  • Protection of Personal Information Act, 2013
  • Companies Act, 2008
  • Medical Schemes Act, 1998

Legal Advice for Franchisors

The franchise model is a great model for growth but comes with some specific risks. The most obvious risk is the unavoidable exposure of a franchisor’s intellectual property to a franchisee. The law is unforgiving towards franchisors that try to protect their intellectual property rights using unacceptably broad restraint provisions. It is essential that franchisors understand their rights and protectable interests and that they don’t try to protect rights they don’t have. Franchisors must also make sure that their intellectual property has, where possible, been trademarked to assist in the clear protection of trade names, logos and the like. Finally, franchisors must take the time to document the systems that underpin their business model so that they are able to clearly articulate what their franchisees’ obligations are with regard to the running of the franchise.

Legal Advice for Franchisees

Franchisees are often swept up in the excitement of starting a business. It is essential that franchisees do a proper due diligence in respect of a franchise before concluding franchise agreements. Potential franchisees are entitled to a disclosure document that sets out, amongst other things, projections in respect of levels of potential sales, income, gross or net profits or other financial projections for the franchised business or franchises of a similar nature. This document must also set out the financial position of the franchisor. Disclosure documents should be properly scrutinsed by potential franchisees so they can make an objective assessment of the franchise model and whether it is likely that they will be able to run their franchise profitably.

FAQs

Frequently asked questions in the Life Sciences & Healthcare legal space

We assist with regulatory compliance for telehealth, medicine advertising, device licensing, clinical trials, and more.

Startups in digital health, pharmaceutical companies, clinical trial sponsors, complementary medicine producers, and medical device manufacturers.

Non-compliance with regulations from bodies like SAHPRA or HPCSA can result in fines, product recalls, or license suspensions.

Yes, we provide guidance on how to legally offer remote healthcare services in accordance with SA and international regulations.

It’s a regulatory requirement for companies that import, manufacture, or distribute medical devices in SA. Caveat helps with the full licensing process.

Absolutely. We help sponsors navigate multi-jurisdictional trials, ensuring compliance with all relevant ethical and legal frameworks.

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ASK KAI

Ask our AI a question about this topic, and one of our specialist lawyers will review the response and email you within 24 hours, free of charge.

KAI is free for Caveat friends and clients. To use KAI, complete the form below and look out for the AI’s answer, reviewed by a specialist lawyer, in your inbox. For the most accurate and helpful response, be as specific and detailed as possible. Provide all relevant facts and clearly state what you’d like answered.

Disclaimer: Kai is provided by Caveat in a bona fide attempt to make legal services more accessible to you. Caveat will not be liable for any damage, loss or expense arising from the use of this offering. 

Feedback Welcome: Your experience matters to us. Please share feedback on this offering at info@caveatlegal.com to help us improve its efficacy.

Caveat's ai attorney,

ASK KAI

Ask our AI a question about this topic, and one of our specialist lawyers will review the response and email you within 24 hours, free of charge.

KAI is free for Caveat friends and clients. To use KAI, complete the form below and look out for the AI’s answer, reviewed by a specialist lawyer, in your inbox. For the most accurate and helpful response, be as specific and detailed as possible. Provide all relevant facts and clearly state what you’d like answered.

Disclaimer: Kai is provided by Caveat in a bona fide attempt to make legal services more accessible to you. Caveat will not be liable for any damage, loss or expense arising from the use of this offering. 

Feedback Welcome: Your experience matters to us. Please share feedback on this offering at info@caveatlegal.com to help us improve its efficacy.