"The suit claims a scientist who developed the technology for the nasal gel warned company officials the product could cause damage and told them more testing should be done before it was put on the market."
""Despite this knowledge, defendants continued to manufacture, market and sell Zicam Nasal Gel," the lawsuit states."
4 sue makers of Zicam
By Dan Horn • dhorn@enquirer.com • March 4, 2010
news.cincinnati.com
Four Ohio residents told a Cincinnati judge Wednesday that they lost their sense of smell after using Zicam Nasal Gel to relieve their cold symptoms.
The four made the accusation in a lawsuit filed in U.S. District Court that claims the maker of Zicam, Matrixx Initiatives Inc., knew about the health risks but continued to promote and sell the product.
The suit comes about nine months after the U.S. Food and Drug Administration warned consumers to avoid using Zicam's nasal gel and swabs because the agency had received more than 130 reports of anosmia, or the loss of the sense of smell.
The Cincinnati lawsuit, originally filed in state court, moved to federal court last month and now is pending before Judge Sandra Beckwith. Attorney Stan Chesley amended the lawsuit Wednesday to include additional people who claim they were harmed by Zicam.
Matrixx "continuously misled consumers and misrepresented the safety of Zicam," the lawsuit states. "Defendants failed to warn consumers that Zicam could result in anosmia, despite the growing number of consumer complaints."
The suit claims a scientist who developed the technology for the nasal gel warned company officials the product could cause damage and told them more testing should be done before it was put on the market.
"Despite this knowledge, defendants continued to manufacture, market and sell Zicam Nasal Gel," the lawsuit states.
The company's attorneys could not be reached for comment. Chesley said the loss of the sense of smell has had a severe impact on his clients' lives.
"It's a serious impediment," he said. "It's something we take for granted, but it's an issue of quality of life."
The four people who brought the suit - Judith Raker and Patricia Noppert, of Cleves, Arlene Broyles, of Cincinnati, and Yizhar Sinvany, of Columbus - all claim they used the product in hopes it would relieve their cold symptoms. Zicam has been marketed for years as a homeopathic cold remedy.
But soon after they used Zicam, all four claim they experienced discomfort or a burning sensation in their nasal passages. They said doctors later told them they had lost their sense of smell, possibly permanently. All are seeking unspecified damages.
Zicam contains zinc gluconate, a chemical compound that the lawsuit said is known to cause damage to tissue inside the human nasal cavity.
The FDA sent Matrixx a warning letter about the products last June and told the company they can no longer be sold without approval from the FDA, which regulates the sale of drugs.
"Loss of sense of smell is a serious risk for people who use these products," the FDA said in its letter. |
