117 Individual Claims Filed in Arizona Superior Court against Zicam Manufacturer, Matrixx Initiatives
12 Plaintiffs from Arizona Affected by Loss of Smell, Taste
Jun 22, 2009, 7:20 p.m. EST
117 Individual Claims Filed in Arizona Superior Court against Zicam Manufacturer, Matrixx Initiatives
12 Plaintiffs from Arizona Affected by Loss of Smell, Taste
PHOENIX, Jun 22, 2009 (BUSINESS WIRE) -- Nearly 120 individual claims were filed today in Arizona Superior Court against Matrixx Initiatives, the Scottsdale, Ariz.-based manufacturer of Zicam Cold Remedy gels, a zinc nasal cold gel linked to a loss of smell and taste.
117 claims were filed on behalf of individuals from 32 states, from Hawaii to a U.S. contractor in Afghanistan, as well as for a dozen Arizona residents who reported side effects ranging from a complete loss of smell (anosmia) and taste, to diminished senses of smell (hyponosmia).
A restaurant owner from Las Vegas, who also filed a claim in Arizona, recently was unaware that the pilot light had gone out on a gas stove in his kitchen until alerted by an employee who smelled escaping gas.
The complaint seeks unspecified damages based on allegations of product liability, negligence, breach of warranties, fraud and negligent misrepresentation.
According to the claim, Zicam Cold Remedy nasal gel contains zinc or zinc gluconium, "which is known to cause damage to olfactory nerves and injure the sense of smell and/or taste if applied through the nose." The complaint states that neither Zicam Cold Remedy nor the product's labeling are approved by the United States Food and Drug Administration (FDA) and that Matrixx Intiatives did not warn users that "the products could be dangerous."
On June 13, the FDA advised consumers to stop using three Matrixx-manufactured over-the-counter cold remedy products marketed under the Zicam name because they are associated with the loss of smell, which may be long-lasting and permanent. The products are Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs and Zicam Cold Remedy Swabs, Kids Size, which has been discontinued.
The FDA said it has received more than 130 reports of the loss of smell associated with the three Zicam products. An FDA letter issued to Matrixx Initiatives warned that the products cannot be marketed without the agency's approval.
The Arizona Republic reported that Matrixx has stopped new shipments of Zicam Cold Remedy gels and swabs to retailers and will recall existing products on store shelves.
"At first blush, you may not think that losing your sense of smell is serious, but scientific research shows that the impact can be both cognitive and emotional," said Linda Thomas, an attorney with Houston-based Thomas and Wan who filed the claims. "When people permanently lose their sense of smell, they lose their sense of taste as well, and that can be huge. But it also affects individuals professionally and could cause serious safety issues. Fire fighters, professional chefs, nurses and emergency medical technicians, to name only a few, need their sense of smell."
For more information, visit www.fda.gov or www.thomasandwan.com.
SOURCE: Thomas and Wan
Thomas and Wan
Linda Thomas, 713-529-1177
or
Stephen I. Leshner, PC
Steve Leshner, 602-266-9000, Ext. 22
or
The Kur Carr Group, Inc.
Steve Carr, 602-317-3040 (cell) |
