Usually there is a contract involved in the supply of a health product. The contract, which need not be written, is between the supplier (usually the chemist) and the user. If a product is faulty, or not fit for the purpose for which it was sold, the contract is breached.

A breach of the terms of the contract is enough to bring an action. There need not be any carelessness involved unless the contract only promised that the supplier of the services or product would exercise reasonable care. In cases involving the sale of goods, the injured person can use consumer protection laws such as the Sale of Goods Act 1895 or the Trade Practices Act 1974 (Cth), see CONSUMER PROTECTION.