Lawsuit filed alleging Zicam® Cold Remedy has caused loss of smell and taste.
FOR IMMEDIATE RELEASE
DATE: January 27, 2004
RE: Lawsuit filed alleging Zicam® Cold Remedy has caused loss of smell and taste.
On Friday, January 23, 2004, a lawsuit was filed in Maricopa County (Arizona) Superior Court against Phoenix-based Matrixx Initiatives, Inc. and Zicam LLC—the developers and distributors of Zicam® Cold Remedy—and its contract manufacturer, Botanical Laboratories, Inc. (Ferndale, WA). Zicam® Cold Remedy is marketed as a patented “homeopathic” cold remedy that is available to the general public without a prescription.
The lawsuit was filed by Phoenix attorney Daniel J. Radacosky and Salt Lake City attorney James L. Warlaumont on behalf of Utah resident Annabel Bentley, Alabama residents Rodney C. Britt and Colleen D. Britt, and New Mexico residents Terrence D. Woodruff and Carol Dee Woodruff.
The lawsuit alleges that as a result of their use of Zicam® Cold Remedy nasal gel, which contains zinc gluconate, Ms. Bentley, Mr. Britt and Mr. Woodruff lost their senses of smell and taste. The Plaintiffs allege that Zicam® Cold Remedy nasal gel is a defective and unreasonably dangerous product even when used as directed. The lawsuit alleges that Zicam® Cold Remedy contains zinc gluconate, which is listed as the product’s active ingredient under the trade name “zincum gluconium 2x,” and that zinc gluconate can cause damage to the olfactory nerve if it is applied through the nose. Zicam® Cold Remedy nasal gel is sold in a nasal pump format which is used to apply the gel in the nostrils.
The Complaint includes counts for Strict Products Liability, Negligence, Breach of Warranties, Common Law Fraud, Consumer Fraud, and Negligent Misrepresentation. The Plaintiffs seek compensatory damages and punitive damages in an unspecified amount. The case is styled Bentley, et al. v. Matrixx Initiatives, Inc., et al., Maricopa County Superior Court cause number CV 2004-001338.
Further information may be obtained through The Radacosky Law Firm, P.L.C. (480-477-8484) or Peterson Reed & Warlaumont, L.L.C. (801-364-4040). |
