In the West African Economic and Monetary Union (WAEMU) area, the pharmaceutical industry is embryonic, and health systems are dependent on the import of health products. The study of liability in the pharmaceutical industry is essential because it conditions the rights that the victim of damage related to the use of a drug can claim. However, the WAEMU area and in particular Mali have no specific liability regime for defective health products. The drug manufacturer may be held liable for manufacturing operations if a drug causes harm to the consumer or if it does not comply, for greater security, with the regulations that require that the technical management of pharmaceutical industries be provided by a pharmacist. The right to health is a human right explicitly enshrined in international texts accepted by African states, texts incorporated into their respective legal orders. The principles and provisions of common law apply to pharmaceutical law: international law, community law, domestic law, public law, private law, etc. Because the producer’s liability for defective medicine is not specifically governed by Malian law, reference should be made to Article 125 of the General Regime of Obligations. The urgency of legislation in this area is no longer in doubt, in a context where the changes in civil liability both in its concept and in its regime call for certain overhauls in Mali, including in the WAEMU space.