To: pz who wrote (4245 ) 2/25/2003 2:07:37 PM From: DanZ Read Replies (2) | Respond to of 5582 Paul, It might not look good at first glance, but after looking into it further, I don't see anything to worry about. Here is a cut and paste of my post from Yahoo. It isn't directed at you, but I don't feel like taking the time to tailor it. _____ Before you get all bent out of shape and jump to the wrong conclusion like usual, you might want to read a section in Matrixx's (Gum Tech's) patent number 6,080,783. It specifically references the patent that Quigley references in their press release. Here are excerpts. "As noted, nasal sprays were avoided during development of the invention." "U.S. Pat. No. 5,622,724 discloses and claims a method for the treatment of the symptoms of the common cold comprising administering a spray of a solution containing a non-toxic, symptom effective treating amount of a solution of a substantially unchelated ionic zinc compound. The solution contains substantially unchelated zinc ions in a concentration of from about 0.004 to about 0.12% (w/vol), to the nostrils and respiratory tract of a patient in need thereof. The solution can be selected from the group consisting of aqueous and saline solutions; can further comprise an effective amount of a flavor and/or odor enhancing agent; can have an unchelated zinc ion content of about 0.04% (w/v); or, can consist essentially of the substantially unchelated ionic zinc compound and at least one pharmaceutically acceptable carrier. The substantially unchelated ionic zinc compound can comprise a mineral acid salt of zinc; can comprise a salt selected from the group consisting of zinc sulfate and zinc chloride; or, can comprise zinc sulfate. Utilization of zinc chloride at concentrations greater than 0.2%, especially greater than 0.4% is not preferred because, as is well known in the art, zinc chloride is caustic." Here is another section from Matrixx's patent. The carrier utilized in the invention can include 0.05% to 3.0% by weight glycerine. The glycerine is important and is presently preferred because it allows zinc to remain in a negative ionic state until the zinc contacts the nasal membrane and/or mucous on the nasal membrane. One problem encountered during development of the invention was identifying a carrier which maintains zinc in an ionic state. Put those three sections together and they are saying that they don't think a product developed under patent 5,622,724 would be effective, or at least not as effective as the Zicam formula. The fact that Quigley launched a product that competes with Zicam validates the market potential for such products. Quigley did not reference any clinical data for their new product in their press release, and in fact, discussed clinical data for zinc lozenges, which in my judgement is entirely irrelevant for their spray. If Quigley tries to use claims from their zinc lozenge studies to market their nasal spray, there's no doubt in my mind that the FTC will step in and stop them just as they did when they tried to make claims regarding the benefit of Cold Eeze on children that were not substantiated in their clinical studies. This is a very complex issue, and I'm sure that Matrixx and their attorneys will study it carefully before responding, if at all.