| On June 23, 2009, an economic class action lawsuit was filed against the Company, purportedly on behalf of all persons who purchased Zicam Cold Remedy nasal gel products while in California or from a source in California within the four years prior to June 23, 2009. The lawsuit alleges, among other things, that the Company concealed or omitted material information regarding the safety of the nasal gel products. Barbara Sample et al. vs. Matrixx Initiatives, Inc. et al., United States District Court for the Central District of California. The Company is aware of four other economic class action lawsuits, involving plaintiffs making similar allegations, which have been filed against the Company since the FDA’s issuance of the warning letter. Teperson et al. vs. Matrixx Initiatives, Inc. et al., United States District Court for the Southern District of California, filed June 24, 2009 (purportedly on behalf of all California residents who purchased Zicam nasal gel products from and after June 24, 2005); Floyd Fessler et al., vs. Matrixx Initiatives, Inc. et al., United States District Court for the Southern District of Illinois, filed June 25, 2009 (purportedly on behalf of all Illinois residents who purchased Zicam nasal gel products); Stewart Roper et al., vs. Matrixx Initiatives, Inc. et al., United States District Court for the District of Arizona, filed June 25, 2009 (purportedly on behalf of all purchasers of Zicam nasal gel products in the United States); and Stefanie Riepe et al., vs. Matrixx Initiatives, Inc. et al., United States District Court for the Western District of Missouri, filed June 22, 2009 (purportedly on behalf of all Missouri residents who purchased Zicam nasal gel products). |
