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Biotech / Medical : GUMM - Eliminate the Common Cold -- Ignore unavailable to you. Want to Upgrade?


To: DanZ who wrote (4818)10/29/2003 7:27:46 PM
From: StockDung  Respond to of 5582
 
Risk Factors

Our new business focus means we have a limited operating history on which to assess our current and prospective performance

Although we have been in operations for a number of years, the significant change of direction and focus in our business that we made in 2001 by exiting the chewing gum business and refocusing entirely on the development, production and sale of over-the-counter pharmaceutical products presents a limited operating history upon which you may evaluate our current and prospective performance. The possibility of our future success must be considered relative to the problems, challenges, complications and delays frequently encountered in connection with the development and operation of a new business, and the development and marketing of relatively new products such as the Zicam products.

If our Zicam products do not gain widespread market acceptance, our anticipated sales and results of operations will suffer

Although studies have indicated that Zicam Cold Remedy can significantly reduce the duration and severity of the common cold, we cannot be certain that this product (including our new swab formats) will achieve widespread acceptance by the market. To date, Zicam Allergy Relief has not achieved the market success presently enjoyed by Zicam Cold Remedy. In addition, given their recent introduction in late 2002, our five new Zicam products have not yet reached the level of market recognition achieved by the original Zicam Cold Remedy. While we are working to increase the market presence of Zicam Allergy Relief and our five new Zicam products, we cannot be certain that demand for these products will grow. It is too soon to determine how the market will respond to the three new Zicam products that we plan to begin shipping in late 2003. If any unanticipated problem arises concerning the efficacy of Zicam Cold Remedy, Zicam Allergy Relief or any of our other new products, or if any of these products fails to achieve widespread market acceptance for any other reason, our operating results and prospects would be materially adversely affected.

Unanticipated problems associated with product development and commercialization could adversely affect our operating results

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Our successful development of existing and new products is subject to the risks of failure and delay inherent in the development and commercialization of products based on innovative technologies. These risks include the possibilities that:

• we may experience unanticipated or otherwise negative research and development results;

• existing or proposed products may be found to be ineffective or unsafe, or may otherwise fail to receive required regulatory clearances or approvals;

• we may find that existing or proposed products, while effective, are uneconomical to commercialize or market;

• we may be unable to produce sufficient product inventories to meet customer demand or may encounter other manufacturing difficulties involving our new products and our new swabs;

• existing or proposed products do not achieve broad market acceptance; or

• proprietary rights held by third parties preclude us from developing or marketing existing or proposed products.

Our inability to develop and commercialize our existing products or any new products on a timely basis and within our financial budgets could have a material adverse effect on our operating results and future prospects.

Our inability to provide scientific proof for product claims may adversely affect our sales

The marketing of our Zicam products involves claims that these products assist in reducing the duration and severity of the common cold (in the case of Zicam Cold Remedy and the related Zicam swab products) and controlling allergy symptoms (in the case of Zicam Allergy Relief). Under the Federal Food and Drug Administration (“FDA”) and Federal Trade Commission (“FTC) rules, we are required to obtain scientific data to support any health claims we make concerning our products. Although we have neither provided nor been requested to provide any scientific data to the FDA in support of claims regarding our Zicam products, we have obtained necessary scientific data to support our products. We cannot be certain, however, that the scientific data we have obtained in support of our claims will be deemed acceptable to the FDA or FTC, should either agency request any such data in the future. If the FDA or the FTC requests any supporting information, and we are unable to provide support that is acceptable to the FDA or the FTC, either agency could force us to stop making the claims in question or restrict us from selling the affected products.

FDA and other government regulation may restrict our ability to sell our products

We are subject to various federal, state and local laws and regulations affecting our business. Our Zicam products are subject to regulation by the FDA, including regulations with respect to labeling of products, approval of ingredients in products, claims made regarding the products, and disclosure of product ingredients. If we do not comply with these regulations, the FDA could force us to stop selling the affected products or require us to incur substantial costs in

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adopting measures to maintain compliance with these regulations. Our advertising claims regarding our products are subject to the jurisdiction of the FTC as well as the FDA. In both cases we are required to obtain scientific data to support any advertising or labeling health claims we make concerning our products, although no pre-clearance or filing is required to be made with either agency. If we are unable to provide the required support for such claims, the FTC may stop us from making such claims or require us to stop selling the affected products.

We may fail to compete effectively, particularly against larger, more established pharmaceutical and health products companies, causing our business and operating results to suffer

The consumer health products industry is highly competitive. We compete with companies in the United States and abroad that are engaged in the development of both traditional and innovative healthcare products. Many of these companies have much greater financial and technical resources and production and marketing capabilities than we do. As well, many of these companies have already achieved significant product acceptance and brand recognition with respect to products that compete directly with our Zicam products. Our competitors may successfully develop and market superior or less expensive products which could render our Zicam and other future products less valuable or unmarketable.

If we are unable to protect our intellectual property or if we infringe the intellectual property of others, our financial condition and future prospects could be materially harmed

We rely significantly on the protections afforded by patent and trademark registrations that we routinely seek from the U.S. Patent and Trademark Office (“USPTO”) and from similar agencies in foreign countries. We cannot be certain that any patent or trademark application that we file will be approved by the USPTO or other foreign agencies. In addition, we cannot be certain that we will be able to successfully defend any trademark, trade name or patent that we hold against claims from, or use by, competitors or other third parties. No consistent policy has emerged from the USPTO or the courts regarding the breadth of claims allowed or the degree of protection afforded under biotechnology and similar patents. Our future success will depend on our ability to prevent others from infringing on our proprietary rights, as well as our ability to operate without infringing upon the proprietary rights of others. We may be required at times to take legal action to protect our proprietary rights and, despite our best efforts, we may be sued for infringing on the patent rights of others. Patent litigation is costly and, even if we prevail, the cost of such litigation could adversely affect our financial condition. If we do not prevail, in addition to any damages we might have to pay, we could be required to stop the infringing activity or obtain a license. We cannot be certain that any required license would be available to us on acceptable terms, or at all. If we fail to obtain a license, our business might be materially adversely affected. In addition to seeking patent protection, we rely upon a combination of non-disclosure agreements, other contractual restrictions and trade secrecy laws to protect proprietary information. There can be no assurance that these steps will be adequate to prevent misappropriation of our proprietary information or that our competitors will not independently develop technology or trade secrets that compete with our proprietary information.

We may incur significant costs resulting from product liability claims

We are subject to significant liability should use or consumption of our products cause injury, illness or death. Although we carry product liability insurance, there can be no assurance that our insurance will be adequate to protect us against product liability claims or that insurance coverage will continue to be available on reasonable terms. A product liability claim, even one

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without merit or for which we have substantial coverage, could result in significant legal defense costs, thereby increasing our expenses and lowering our earnings. Such a claim, whether or not proven to be valid, could have a material adverse effect on our product branding and goodwill, resulting in reduced market acceptance of our products. This in turn could materially adversely affect our results of operations and financial condition.

We do not have manufacturing capabilities of our own

We currently do not have the physical or human resources to independently manufacture our Zicam products or any other products that we may develop. We currently outsource all of our product manufacturing and packaging operations and intend to continue this outsourcing for the foreseeable future. If we are unable to enter into cost-effective or otherwise suitable arrangements for manufacturing of our Zicam products or any other products, or if our third party contractors fail to adequately perform their manufacturing operations (as has occurred to date with our new swab products), our sales and related financial results could be materially adversely affected. If, in the future, we decide to establish our own manufacturing facilities, we will require substantial additional funds and significant additional personnel to undertake such operations. We cannot be certain that such funding or a sufficient number of such qualified persons will be available for such an undertaking.

We may continue to experience product backlogs

At the end of 2002, we had approximately $1.3 million in backlog of swab orders, which continued at reduced levels until the end of March 2003. While we are now working to build up our swab product inventory in order to prevent a similar backlog from occurring in the 2003-2004 cold season, we cannot be certain that our efforts, even if executed properly, will be sufficient to prevent a backlog of these products from repeating itself in the 2003-2004 cold season or that other product backlogs will not occur in the future. Any such future backlogs will potentially result in higher production costs, higher freight costs to expedite shipment of raw materials and finished goods, fines from certain retailers, cancelled orders and lost opportunity costs. These in turn could materially affect our results of operations and financial condition.

The large number of shares eligible for immediate and future sales may depress the price of our stock

Sales of substantial amounts of our common stock in the open market or the availability of a large number of additional shares for sale could adversely affect the market price of our common stock. Substantially all of our outstanding shares of common stock, as well as the shares underlying vested but as yet unexercised warrants and options, have either been registered for public sale or may be sold under Rule 144 promulgated under the Securities Act of 1933, as amended. Therefore, all of these shares may be immediately sold by the holders. A substantial increase in sales of our common stock could depress the price of our common stock.

Our board of directors is authorized to issue shares of preferred stock that could have rights superior to our outstanding shares of common stock, and, if issued, could adversely impact the value of our common stock

Our certificate of incorporation permits our board of directors, in its sole discretion, to issue up to 2,000,000 shares of authorized but unissued preferred stock. These shares may be issued by our board without further action by our shareholders, and may include any of the following rights



To: DanZ who wrote (4818)10/29/2003 8:51:38 PM
From: StockDung  Respond to of 5582
 
Sure thing Dan, Fake PH.D/MBA R. Steven Davidson probably could convince any jury.



To: DanZ who wrote (4818)10/29/2003 9:07:08 PM
From: StockDung  Respond to of 5582
 
WHAT A FUN GROUP THE ANOSMIA YAHOO GROUP IS. IT APPEARS THAT THEY ARE WELL ORGANIZED.

To: anosmia@yahoogroups.com
From: "mickohare" <mick.o'hare@rbi.co.uk> | Add to Address Book
Date: Mon, 20 Oct 2003 10:30:00 -0000
Subject: [anosmia] Re: ZICAM legal options

Emery

There is a group working on legal action against Zicam. Contact Annabel
Bentley on annabel@networld.com for details.

Mick

--- In anosmia@yahoogroups.com, "s5uewf" <emeryfreeman@y...> wrote:
> Just found this forum after searching for some
> info related to ZICAM use. I too, have lost
> my complete sense of smell and some taste
> simultaneously to using ZICAM.
>
> After being unable to function for several
> hours due to the burning pain in my sinuses,
> I also realized I could no longer smell.
>
> Is there a thread or POC I can contact
> regarding the compilation of factual
> information, both to seek a remedy,
> and to pursue legal action?
>
> I still have the bottle if any doubting
> Thomases want to test it on
> themselves ;)
>
> Emery

Community email addresses:
Post message: anosmia@onelist.com
Subscribe: anosmia-subscribe@onelist.com
Unsubscribe: anosmia-unsubscribe@onelist.com
List owner: anosmia-owner@onelist.com

Shortcut URL to this page:
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Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.



To: DanZ who wrote (4818)10/30/2003 9:12:23 AM
From: StockDung  Respond to of 5582
 
How to Report Problems With Products Regulated by FDA

What products does FDA regulate?
Why should I report?
How do I report an emergency?

How do I report non-emergencies about:

Food
Medical Products: Medicines, Medical Devices, Blood Products, Biologics, Special Nutritionals
Vaccines
Blood Transfusions and Donations
Veterinary Products
Cosmetics
Products Sold Online
What should I include in my report?
What kinds of problems doesn’t FDA handle and where can I report them?
How can I get information about the products FDA regulates?


What products does FDA regulate?

Consumers can play an important public health role by reporting to FDA any adverse reactions or other problems with products the agency regulates. FDA is responsible for ensuring that foods are safe, wholesome, and correctly labeled. It also oversees medicines, medical devices (from bandages to artificial hearts), blood products, vaccines, cosmetics, veterinary drugs, animal feed, and electronic products that emit radiation (such as microwave ovens and video monitors), ensuring that these products are safe and effective.

Top

Why should I report?

The testing that helps to establish the safety of products, such as drugs and medical devices, is typically conducted on small groups before FDA approves the products for sale. Some problems can remain unknown, only to be discovered when a product is used by a large number of people.

When problems with FDA-regulated products occur, the agency wants to know about them and has several ways for the public to make reports. Timely reporting by consumers, health professionals, and FDA-regulated companies allows the agency to take prompt action. The agency evaluates each report to determine how serious the problem is, and, if necessary, may request additional information from the person who filed the report before taking action.

Top

How do I report an emergency?

If the situation is an emergency that requires immediate action, such as a case of food-borne illness or a drug product that has been tampered with, call the agency's main emergency number, staffed 24 hours a day, 301-443-1240.

You also can report emergencies, as well as non-emergencies, to the FDA consumer complaint coordinator in your geographic area.

Situations that do not require immediate action--such as a non-emergency adverse reaction to a food product or an over-the-counter medical device that doesn't work as advertised--can be reported either to the appropriate consumer complaint coordinator or to the FDA office that handles the product.

Top

How do I report non-emergencies about food?

To report problems, including adverse reactions, related to any food except meat and poultry, contact the district office consumer complaint coordinator for your geographic area.

If the problem involves meat or poultry, which are regulated by the U.S. Department of Agriculture, call the USDA hotline at 1-800-535-4555.

Top

How do I report non-emergencies about medical products: medicines, medical devices, blood products, biologics, special nutritionals?

FDA's MedWatch program allows healthcare professionals and consumers to voluntarily report serious problems that they suspect are associated with the drugs and medical devices they prescribe, dispense, or use. These problems include serious adverse reactions, product quality problems, and medical errors. Reporting can be done online, by phone, or by submitting the MedWatch 3500 form by mail or fax. Visit the MedWatch site for more details.

Top

How do I report non-emergencies about vaccines?

Adverse reactions and other problems related to vaccines should be reported to the Vaccine Adverse Event Reporting System, which is maintained by FDA and the Centers for Disease Control and Prevention. For a copy of the vaccine reporting form, call 1-800-822-7967 or get a copy of the form from the FDA Website.

Top

How do I report non-emergencies about blood transfusions and donations?

You can make initial notifications of transfusion-related fatalities and donation-related deaths to FDA's Center for Biologics Evaluation and Research.

Top

How do I report non-emergencies about veterinary products?

Report any problems with veterinary drugs and animal feed to FDA's Center for Veterinary Medicine at 1-888-FDA-VETS (1-888-332-8387). You can also find the reporting form on the center's Website.

Top

How do I report non-emergencies about cosmetics?

Send reports about adverse reactions to cosmetics, as well as problems such as filth, decomposition, or spoilage, to: FDA, Office of Cosmetics and Colors (HFS-106), 5100 Paint Branch Parkway, College Park, MD 20740-3835.

Top

How do I report non-emergencies about products sold online?

If you find a Website you think is illegally selling human drugs, animal drugs, medical devices, biological products, foods, dietary supplements, or cosmetics over the Web, you may report it to FDA using the form on this Website.

Top

What should I include in my report?

Report what happened as soon as possible. Give names, addresses and phone numbers of persons affected. Include your name, address and phone number, as well as that of the doctor or hospital if emergency treatment was provided.
State the problem clearly. Describe the product as completely as possible, including any codes or identifying marks on the label or container. Give the name and address of the store where the product was purchased and the date of purchase.
You also should report the problem to the manufacturer or distributor shown on the label and to the store where you purchased the product.
Top

What kinds of problems doesn’t FDA handle and where can I report them?

Reports and complaints about the following should be made to the agencies listed. Phone numbers can be found in your local phone directory:

Restaurant food and sanitation--Local or state health departments
Unsolicited products in the mail--U.S. Postal Service
Accidental poisonings--Poison control centers or hospitals
Pesticides or air and water pollution--U.S. Environmental Protection Agency
Hazardous household products (including toys, appliances, and chemicals)--Consumer Product Safety Commission, 1-800-638-2772
Alcoholic beverages--Department of Treasury's Bureau of Alcohol, Tobacco and Firearms
Drug abuse and controlled substances--Department of Justice's Drug Enforcement Administration
Hazardous chemicals in the workplace--Department of Labor's Occupational Safety and Health Administration
Warranties--Federal Trade Commission
Dispensing and sales practices of pharmacies--State board of pharmacy
Medical practice--State certification board
Top

How can I get information about the products FDA regulates?

If you have a general question about an FDA-regulated product, call toll-free 1-888-INFO-FDA (1-888-463-6332). But please don't report problem products or adverse reactions to this number. Instead, contact FDA's consumer complaint coordinators.

Top
Report Problems with Medical Products Online to FDA's MedWatch

Recalls and Safety Alerts

Patient Safety News

Sign Up for FDA's
Free E-Mail Newsletters

How FDA Handles Reports of Problems





FDA Home Page | Search FDA Site | A-Z Index | Contact FDA | Privacy | Accessibility

FDA Website Management Staff



To: DanZ who wrote (4818)10/30/2003 9:21:31 AM
From: StockDung  Respond to of 5582
 
Yes it is a litigous society and only fraud companies sue their detractors. and for that they pay dearly in the end. as will Dan.

mkmilns= loseverything

The Truth never sleeps

Message 19447175



To: DanZ who wrote (4818)10/30/2003 11:13:46 AM
From: StockDung  Respond to of 5582
 
STRONG CAPITAL MANAG... 6/30/2003 123,596 123,596 New $1,780

MTXX
Matrixx Initiatives Inc. Nasdaq-NM


Institutional Holdings Description | Hide Summary


Company Details
Total Shares Out Standing (millions): 9

Market Capitalization ($ millions): $136

Institutional Ownership: 9.6%

Price (as of 10/29/2003) 14.4


Ownership Analysis # Of Holders Shares
Total Shares Held: 17 902,864

New Positions: 6 302,296

Increased Positions: 8 360,478

Decreased Positions: 4 1,994

Holders With Activity: 12 362,472

Sold Out Positions: 1 200



Click on the column header links to resort ascending () or descending ().


Owner Name
Select a name below for more information. Date Shares Held Change
(Shares) % Change
(Shares) Value
($1000)
DFA INVESTMENT DIMEN... 6/30/2003 228,800 (1,100) (0.48%) $3,295

BARCLAYS GLOBAL INVE... 6/30/2003 201,723 51,882 34.62% $2,905

OBERWEIS ASSET MANAG... 9/30/2003 132,600 132,600 New $1,909

STRONG CAPITAL MANAG... 6/30/2003 123,596 123,596 New $1,780

US BANCORP \DE\ 6/30/2003 66,200 (300) (0.45%) $953


1 2 Next



To: DanZ who wrote (4818)10/30/2003 11:24:06 AM
From: StockDung  Respond to of 5582
 
EMBARRASSED SEC: LET OUR TIPSTERS DISH

By PAUL THARP

October 30, 2003 -- The Securities and Exchange Commission's top crime buster is telling staffers to pay special attention to whistleblowers and other tipsters.
The SEC is still red-faced over its Boston office's bungling of a major whistleblower tip, which cost the agency the glory of busting open the Putnam Investments mutual fund scandals.

The SEC is getting slammed for inexplicably turning away the whistleblower, Peter Scannell, an insider who tried to hand the commission a gift-wrapped case against Putnam. Instead, he went to state authorities, who broke the case.

To blunt his critics, SEC Enforcement Chief Stephen Cutler on Oct. 24 sent an e-mail telling investigators to keep their ears open for useful tips.

"I thought it an opportune time to re-emphasize what everybody should know: The thousands of complaints, tips and missives we get from the public each year are critical to our mission," Cutler wrote, according to Bloomberg.

"They are one of our most important sources of investigative leads, and more generally, are an important window into industry practices and problems."

Cutler said he is "reviewing" why the Boston office blew off the Putnam tipster last March.



He said the SEC has recently made improvements in how it handles its 1,000 daily complaints, and more changes could be in the works.

Cutler said his office of Internet enforcement now logs all incoming tips and reports how each is handled.

"While we recognize that we cannot pursue every complaint or tip in a full-fledged investigation, we must treat all such communications with the utmost seriousness and respect," Cutler wrote.


Back to: Business | Home



To: DanZ who wrote (4818)10/30/2003 12:10:29 PM
From: StockDung  Respond to of 5582
 
TheTruthseeker loves God and needs only His love. He can therefore live with all the detractors in the world.

They are making a special ring of fire in Hades for this kind.

Waiting for Dan's Judgment Day!!

TheTruthseeker



To: DanZ who wrote (4818)10/31/2003 10:35:20 AM
From: StockDung  Read Replies (1) | Respond to of 5582
 
Dan, you handing out Zicam Kids Size Cold Remedy Swabs for Trick or Treats?



To: DanZ who wrote (4818)10/31/2003 4:39:35 PM
From: StockDung  Respond to of 5582
 
TRICK OR TREAT

bluemountain.com

BOO!!



To: DanZ who wrote (4818)10/31/2003 8:08:08 PM
From: StockDung  Respond to of 5582
 
ZICAM HELPED THIS GUY IN 3 MINUTES BUT...

pamie.com

03 February 2003
This cold that's been going around, it's a two-week thing. And it's pretty damn nasty. Every morning I wake up with a rattling cough that has me doubled-over, red-faced, trying to hack up another glob of tan gunk. When I used to smoke, I thought that the brown phlegm was from cigarettes. Apparently it's just from being sick.

Good afternoon. How was your lunch? Aren't I attractive today?

In any event, the Job that Dissolved became the Job that Needed Me Again late Saturday night, so I had to go back in again yesterday. I was looking like complete crap and needed a quick fix that would keep me presentable and alert for ten straight hours.

Enter Zicam.

I can't remember who told me about this first. But when I first got sick two weeks ago, I went straight to my doctor and got antibiotics. One of my friends grabbed my arm and said, "If you get this cold again, you go out and get Zicam. It's amazing."

So I got the cold again this week and yesterday, through my phlegmy, drippy fog I started to remember the words of advice. I went to the drugstore, plopped down the ELEVEN BUCKS it cost, and snorted Zicam on my way to work.

In three minutes, I could breathe.

Three minutes. I'd spent all morning fighting to breathe. I had gone through a box of Kleenex, snorting, snuffing and sniffing. I'd been dripping and sneezing and coughing for hours. Three squirts of Zicam in each nostril and I felt like I'd been in a Eucalyptus sauna. I could breathe. It didn't taste like anything. It didn't run down my throat and make me gag. It just opened up my nose and I could breathe. Heavenly!

I still needed a bag of cough drops for my hacking, but it was nice to not have to keep breathing through my mouth like a yokel.

Go Zicam!

Then about three hours later my nose started running everywhere. I was the grossest girl in Sherman Oaks, y'all. Covered in Kleenex and hugging a mug of hot tea while I worked. People stayed away from me. By the time ten hours had passed, you probably could have seen the squiggly lines of sick coming off me. I smelled like menthol from the cough drops and my nose was bright red from all the Kleenex.

Then. I accidentally blew a tiny, tiny, tiny bit of snot on my boss' arm.

I saw it. He saw it. But it was late, and I was leaving, and there was nothing anyone could say about it. I was exhaling and it just flew and landed on his forearm and he sort of just rubbed it in for about five minutes as we talked about what time I'd come in the next day.

I was mortified. But you know, it's just a temp job, right?

I'm so gross.

So this is the part of the entry where I ask a favor of you. Because, you know, all I do now is ask you guys to do things for me. Fix my computer! Fix my webpage! Fix my brokeness! Fix my play!

But now, I'm wondering if you want to help promote my book. It's gearing up for publicity time, so I need to send my editor and publicist people that are in the position to help promote the book. If you work for a bookstore, or know someone who does, if you're a reviewer, or know someone who works for a newspaper/magazine and would be interested in promoting a book like mine, or if you're working for some kind of talk show that interviews people like me, I'm looking for contacts. So, if you're someone who can give me advice/help/names/numbers/etc, let me know. Thanks.

pamie.com



To: DanZ who wrote (4818)11/1/2003 8:22:29 AM
From: StockDung  Respond to of 5582
 
"Subject: Zicam (Zinc nose gel) and hairloss" groups.google.com

From: Xairyhay1 (xairyhay1@aol.com)
Subject: Zicam (Zinc nose gel) and hairloss
This is the only article in this thread
View: Original Format
Newsgroups: alt.baldspot
Date: 2001-11-08 07:42:47 PST


Ok, someone please tell me that I am not nuts. Zicam is a Zinc based nasal gel
that is squirted up your nose ever few hours to get rid of a cold. The stuff
will knock any cold out of me in 2-3 days. I swear by it. Zinc losenges also
work for me, but not as well. Anyway, everytime I use it, I notice an
immediate increase in hairloss during shampoo and combout. Almost a double
rate of loss. The increased loss starts after the first day I start using it,
and stops the day I stop using Zicam. This pattern has repeated for 4 out of
my last 5 colds. The one time it did not occur, was when I didn't take Zicam
because my local store was out.
Anyway, doesn't this fly in the face of conventional wisdom of hair cycles and
their relative durations? This is almost like a chemo effect. Could it be?
The dose of Zinc is very high, but I don't recall what, and don't have the
product literature.

Any thoughts, or similar observations?

X



To: DanZ who wrote (4818)11/1/2003 8:22:29 AM
From: StockDung  Respond to of 5582
 
DAN, MORE LIES FILED BY MTXX ATTORNEY AGAINST ME. IT HAS FORCED ME TO DO SOMETHING I WISHED DID NOT HAVE TO HAPPEN..

YOU SOON WILL BE A DEFENDANT DAN IN A NEW JERSEY COURT AS WELL AS ALL OFFICERS AND DIRECTORS OF MTXX.

AS A SHAREHOLDER I SHALL NOT PUT UP WITH SUCH NONSENCE FILED BY MTXX SLAPP ATTORNEY.



To: DanZ who wrote (4818)11/1/2003 1:31:43 PM
From: StockDung  Read Replies (2) | Respond to of 5582
 
Homeopathy: The Ultimate Fake
Stephen Barrett, M.D.

Homeopathic "remedies" enjoy a unique status in the health marketplace: They are the only category of quack products legally marketable as drugs. This situation is the result of two circumstances. First, the 1938 Federal Food, Drug, and Cosmetic Act, which was shepherded through Congress by a homeopathic physician who was a senator, recognizes as drugs all substances included in the Homeopathic Pharmacopeia of the United States. Second, the FDA has not held homeopathic products to the same standards as other drugs. Today they are marketed in health-food stores, in pharmacies, in practitioner offices, by multilevel distributors [A], through the mail, and on the Internet.

Basic Misbeliefs
Samuel Hahnemann (1755-1843), a German physician, began formulating homeopathy's basic principles in the late 1700s. Hahnemann was justifiably distressed about bloodletting, leeching, purging, and other medical procedures of his day that did far more harm than good. Thinking that these treatments were intended to "balance the body's 'humors' by opposite effects," he developed his "law of similars" -- a notion that symptoms of disease can be cured by extremely small amounts of substances that produce similar symptoms in healthy people when administered in large amounts. The word "homeopathy" is derived from the Greek words homoios (similar) and pathos (suffering or disease).

Hahnemann and his early followers conducted "provings" in which they administered herbs, minerals, and other substances to healthy people, including themselves, and kept detailed records of what they observed. Later these records were compiled into lengthy reference books called materia medica, which are used to match a patient's symptoms with a "corresponding" drug.

Hahnemann declared that diseases represent a disturbance in the body's ability to heal itself and that only a small stimulus is needed to begin the healing process. He also claimed that chronic diseases were manifestations of a suppressed itch (psora), a kind of miasma or evil spirit. At first he used small doses of accepted medications. But later he used enormous dilutions and theorized that the smaller the dose, the more powerful the effect -- a notion commonly referred to as the "law of infinitesimals." That, of course, is just the opposite of the dose-response relationship that pharmacologists have demonstrated.

The basis for inclusion in the Homeopathic Pharmacopeia is not modern scientific testing, but homeopathic "provings" conducted during the 1800s and early 1900s. The current (ninth) edition describes how more than a thousand substances are prepared for homeopathic use. It does not identify the symptoms or diseases for which homeopathic products should be used; that is decided by the practitioner (or manufacturer). The fact that substances listed in the Homeopathic Pharmacopeia are legally recognized as "drugs" does not mean that either the law or the FDA recognizes them as effective.

Because homeopathic remedies were actually less dangerous than those of nineteenth-century medical orthodoxy, many medical practitioners began using them. At the turn of the twentieth century, homeopathy had about 14,000 practitioners and 22 schools in the United States. But as medical science and medical education advanced, homeopathy declined sharply in America, where its schools either closed or converted to modern methods. The last pure homeopathic school in this country closed during the 1920s [1].

Many homeopaths maintain that certain people have a special affinity to a particular remedy (their "constitutional remedy") and will respond to it for a variety of ailments. Such remedies can be prescribed according to the person's "constitutional type" -- named after the corresponding remedy in a manner resembling astrologic typing. The "Ignatia Type," for example, is said to be nervous and often tearful, and to dislike tobacco smoke. The typical "Pulsatilla" is a young woman, with blond or light-brown hair, blue eyes, and a delicate complexion, who is gentle, fearful, romantic, emotional, and friendly but shy. The "Nux Vomica Type" is said to be aggressive, bellicose, ambitious, and hyperactive. The "Sulfur Type" likes to be independent. And so on. Does this sound to you like a rational basis for diagnosis and treatment?

The "Remedies" Are Placebos
Homeopathic products are made from minerals, botanical substances, and several other sources. If the original substance is soluble, one part is diluted with either nine or ninety-nine parts of distilled water and/or alcohol and shaken vigorously (succussed); if insoluble, it is finely ground and pulverized in similar proportions with powdered lactose (milk sugar). One part of the diluted medicine is then further diluted, and the process is repeated until the desired concentration is reached. Dilutions of 1 to 10 are designated by the Roman numeral X (1X = 1/10, 3X = 1/1,000, 6X = 1/1,000,000). Similarly, dilutions of 1 to 100 are designated by the Roman numeral C (1C = 1/100, 3C = 1/1,000,000, and so on). Most remedies today range from 6X to 30X, but products of 30C or more are marketed.

A 30X dilution means that the original substance has been diluted 1,000,000,000,000,000,000,000,000,000,000 times. Assuming that a cubic centimeter of water contains 15 drops, this number is greater than the number of drops of water that would fill a container more than 50 times the size of the Earth. Imagine placing a drop of red dye into such a container so that it disperses evenly. Homeopathy's "law of infinitesimals" is the equivalent of saying that any drop of water subsequently removed from that container will possess an essence of redness. Robert L. Park, Ph.D., a prominent physicist who is executive director of The American Physical Society, has noted that since the least amount of a substance in a solution is one molecule, a 30C solution would have to have at least one molecule of the original substance dissolved in a minimum of 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 molecules of water. This would require a container more than 30,000,000,000 times the size of the Earth.

Oscillococcinum, a 200C product "for the relief of colds and flu-like symptoms," involves "dilutions" that are even more far-fetched. Its "active ingredient" is prepared by incubating small amounts of a freshly killed duck's liver and heart for 40 days. The resultant solution is then filtered, freeze-dried, rehydrated, repeatedly diluted, and impregnated into sugar granules. If a single molecule of the duck's heart or liver were to survive the dilution, its concentration would be 1 in 100200. This huge number, which has 400 zeroes, is vastly greater than the estimated number of molecules in the universe (about one googol, which is a 1 followed by 100 zeroes). In its February 17, 1997, issue, U.S. News & World Report noted that only one duck per year is needed to manufacture the product, which had total sales of $20 million in 1996. The magazine dubbed that unlucky bird "the $20-million duck."

Actually, the laws of chemistry state that there is a limit to the dilution that can be made without losing the original substance altogether. This limit, which is related to Avogadro's number, corresponds to homeopathic potencies of 12C or 24X (1 part in 1024). Hahnemann himself realized that there is virtually no chance that even one molecule of original substance would remain after extreme dilutions. But he believed that the vigorous shaking or pulverizing with each step of dilution leaves behind a "spirit-like" essence -- "no longer perceptible to the senses" -- which cures by reviving the body's "vital force." Modern proponents assert that even when the last molecule is gone, a "memory" of the substance is retained. This notion is unsubstantiated. Moreover, if it were true, every substance encountered by a molecule of water might imprint an "essence" that could exert powerful (and unpredictable) medicinal effects when ingested by a person.

Many proponents claim that homeopathic products resemble vaccines because both provide a small stimulus that triggers an immune response. This comparison is not valid. The amounts of active ingredients in vaccines are much greater and can be measured. Moreover, immunizations produce antibodies whose concentration in the blood can be measured, but high-dilution homeopathic products produce no measurable response. In addition, vaccines are used preventively, not for curing symptoms.

Stan Polanski, a physician assistant working in public health near Asheville, North Carolina, has provided additional insights:

Imagine how many compounds must be present, in quantities of a molecule or more, in every dose of a homeopathic drug. Even under the most scrupulously clean conditions, airborne dust in the manufacturing facility must carry thousands of different molecules of biological origin derived from local sources (bacteria, viruses, fungi, respiratory droplets, sloughed skin cells, insect feces) as well as distant ones (pollens, soil particles, products of combustion), along with mineral particles of terrestrial and even extraterrestrial origin (meteor dust). Similarly, the "inert" diluents used in the process must have their own library of microcontaminants.
The dilution/potentiation process in homeopathy involves a stepwise dilution carried to fantastic extremes, with "succussion" between each dilution. Succussion involves shaking or rapping the container a certain way. During the step-by-step dilution process, how is the emerging drug preparation supposed to know which of the countless substances in the container is the One that means business? How is it that thousands (millions?) of chemical compounds know that they are required to lay low, to just stand around while the Potent One is anointed to the status of Healer? That this scenario could lead to distinct products uniquely suited to treat particular illnesses is beyond implausible.
Thus, until homeopathy's apologists can supply a plausible (nonmagical) mechanism for the "potentiation"-through-dilution of precisely one of the many substances in each of their products, it is impossible to accept that they have correctly identified the active ingredients in their products. Any study claiming to demonstrate effectiveness of a homeopathic medication should be rejected out-of-hand unless it includes a list of all the substances present in concentrations equal to or greater than the purported active ingredient at every stage of the dilution process, along with a rationale for rejecting each of them as a suspect.
The process of "proving" through which homeopaths decided which medicine matches which symptom is no more sensible. Provings involved taking various substances recording every twitch, sneeze, ache or itch that occurred afterward -- often for several days. Homeopathy's followers take for granted that every sensation reported was caused by whatever substance was administered, and that extremely dilute doses of that substance would then be just the right thing to treat anyone with those specific symptoms.
Dr. Park has noted that to expect to get even one molecule of the "medicinal" substance allegedly present in 30X pills, it would be necessary to take some two billion of them, which would total about a thousand tons of lactose plus whatever impurities the lactose contained.

Cell Salts
Some homeopathic manufacturers market twelve highly diluted mineral products called "cell salts" or "tissue salts." These are claimed to be effective against a wide variety of diseases, including appendicitis (ruptured or not), baldness, deafness, insomnia, and worms. Their use is based on the notion that mineral deficiency is the basic cause of disease. However, many are so diluted that they could not correct a mineral deficiency even if one were present. Development of this approach is attributed to a nineteenth-century physician named W.H. Schuessler.

"Electrodiagnosis"
Some physicians, dentists, and chiropractors use "electrodiagnostic" devices to help select the homeopathic remedies they prescribe. These practitioners claim they can determine the cause of any disease by detecting the "energy imbalance" causing the problem. Some also claim that the devices can detect whether someone is allergic or sensitive to foods, vitamins, and/or other substances. The procedure, called electroacupuncture according to Voll (EAV), electrodiagnosis, or electrodermal screening, was begun during the late 1950s by Reinhold Voll, M.D., a West German physician who developed the original device. Subsequent models include the Vega, Dermatron, Accupath 1000, and Interro.

Proponents claim these devices measure disturbances in the flow of "electro-magnetic energy" along the body's "acupuncture meridians." Actually, they are fancy galvanometers that measure electrical resistance of the patient's skin when touched by a probe. Each device contains a low-voltage source. One wire from the device goes to a brass cylinder covered by moist gauze, which the patient holds in one hand. A second wire is connected to a probe, which the operator touches to "acupuncture points" on the patient's foot or other hand. This completes a circuit, and the device registers the flow of current. The information is then relayed to a gauge that provides a numerical readout. The size of the number depends on how hard the probe is pressed against the patient's skin. Recent versions, such as the Interro make sounds and provide the readout on a computer screen. The treatment selected depends on the scope of the practitioner's practice and may include acupuncture, dietary change, and/or vitamin supplements, as well as homeopathic products. Regulatory agencies have seized several types of electroacupuncture devices but have not made a systematic effort to drive them from the marketplace.

For more information about these devices and pictures of some of them, click here. If you encounter such a device, please read this article and report the device to the practitioner's state licensing board, the state attorney general, the Federal Trade Commission, the FBI, the National Fraud Information Center, and any insurance company to which the practitioner submits claims that involve use of the device. For the addresses of these agencies, click here.

Unimpressive "Research"
Since many homeopathic remedies contain no detectable amount of active ingredient, it is impossible to test whether they contain what their label says. Unlike most potent drugs, they have not been proven effective against disease by double-blind clinical testing. In fact, the vast majority of homeopathic products have never even been tested.

In 1990, an article in Review of Epidemiology analyzed 40 randomized trials that had compared homeopathic treatment with standard treatment, a placebo, or no treatment. The authors concluded that all but three of the trials had major flaws in their design and that only one of those three had reported a positive result. The authors concluded that there is no evidence that homeopathic treatment has any more value than a placebo [2].

In 1994, the journal Pediatrics published an article claiming that homeopathic treatment had been demonstrated to be effective against mild cases of diarrhea among Nicaraguan children [3]. The claim was based on findings that, on certain days, the "treated" group had fewer loose stools than the placebo group. However, Sampson and London noted: (1) the study used an unreliable and unproved diagnostic and therapeutic scheme, (2) there was no safeguard against product adulteration, (3) treatment selection was arbitrary, (4) the data were oddly grouped and contained errors and inconsistencies, (5) the results had questionable clinical significance, and (6) there was no public health significance because the only remedy needed for mild childhood diarrhea is adequate fluid intake to prevent or correct dehydration [4].

In 1995, Prescrire International, a French journal that evaluates pharmaceutical products, published a literature review that concluded:

As homeopathic treatments are generally used in conditions with variable outcome or showing spontaneous recovery (hence their placebo-responsiveness), these treatments are widely considered to have an effect in some patients. However, despite the large number of comparative trials carried out to date there is no evidence that homeopathy is any more effective than placebo therapy given in identical conditions.

In December 1996, a lengthy report was published by the Homoeopathic Medicine Research Group (HMRG), an expert panel convened by the Commission of the European Communities. The HMRG included homeopathic physician-researchers and experts in clinical research, clinical pharmacology, biostatistics, and clinical epidemiology. Its aim was to evaluate published and unpublished reports of controlled trials of homeopathic treatment. After examining 184 reports, the panelists concluded: (1) only 17 were designed and reported well enough to be worth considering; (2) in some of these trials, homeopathic approaches may have exerted a greater effect than a placebo or no treatment; and (3) the number of participants in these 17 trials was too small to draw any conclusions about the effectiveness of homeopathic treatment for any specific condition [5]. Simply put: Most homeopathic research is worthless, and no homeopathic product has been proven effective for any therapeutic purpose. The National Council Against Health Fraud has warned that "the sectarian nature of homeopathy raises serious questions about the trustworthiness of homeopathic researchers." [6]

In 1997, a London health authority decided to stop paying for homeopathic treatment after concluding that there was not enough evidence to support its use. The Lambeth, Southwark, and Lewisham Health Authority had been referring more than 500 patients per year to the Royal Homoeopathic Hospital in London. Public health doctors at the authority reviewed the published scientific literature as part of a general move toward purchasing only evidence-based treatments. The group concluded that many of the studies were methodologically flawed and that recent research produced by the Royal Homoeopathic Hospital contained no convincing evidence that homeopathy offered clinical benefit [7].

Proponents trumpet the few "positive" studies as proof that "homeopathy works." Even if their results can be consistently reproduced (which seems unlikely), the most that the study of a single remedy for a single disease could prove is that the remedy is effective against that disease. It would not validate homeopathy's basic theories or prove that homeopathic treatment is useful for other diseases.

Placebo effects can be powerful, of course, but the potential benefit of relieving symptoms with placebos should be weighed against the harm that can result from relying upon -- and wasting money on -- ineffective products. Spontaneous remission is also a factor in homeopathy's popularity. I believe that most people who credit a homeopathic product for their recovery would have fared equally well without it.

Homeopaths are working hard to have their services covered under national health insurance. They claim to provide care that is safer, gentler, "natural," and less expensive than conventional care -- and more concerned with prevention. However, homeopathic treatments prevent nothing, and many homeopathic leaders preach against immunization. Equally bad, a report on the National Center for Homeopathy's 1997 Conference described how a homeopathic physician had suggested using homeopathic products to help prevent and treat coronary artery disease. According to the article, the speaker recommended various 30C and 200C products as alternatives to aspirin or cholesterol-lowering drugs, both of which are proven to reduce the incidence of heart attacks and strokes [8].

Illegal Marketing
In a survey conducted in 1982, the FDA found some over-the-counter products being marketed for serious illnesses, including heart disease, kidney disorders, and cancer. An extract of tarantula was being purveyed for multiple sclerosis; an extract of cobra venom for cancer.

During 1988, the FDA took action against companies marketing "diet patches" with false claims that they could suppress appetite. The largest such company, Meditrend International, of San Diego, instructed users to place 1 or 2 drops of a "homeopathic appetite control solution" on a patch and wear it all day affixed to an "acupuncture point" on the wrist to "bioelectrically" suppress the appetite control center of the brain.

America's most blatant homeopathic marketer appears to be Biological Homeopathic Industries (BHI) of Albuquerque, New Mexico, which, in 1983, sent a 123-page catalog to 200,000 physicians nationwide. Its products included BHI Anticancer Stimulating, BHI Antivirus, BHI Stroke, and 50 other types of tablets claimed to be effective against serious diseases. In 1984, the FDA forced BHI to stop distributing several of the products and to tone down its claims for others. However, BHI has continued to make illegal claims. Its 1991 Physicians' Reference ("for use only by health care professionals") inappropriately recommended products for heart failure, syphilis, kidney failure, blurred vision, and many other serious conditions. The company's publishing arm issues the quarterly Biological Therapy: Journal of Natural Medicine, which regularly contains articles whose authors make questionable claims. An article in the April 1992 issue, for example, listed "indications" for using BHI and Heel products (distributed by BHI) for more than fifty conditions-including cancer, angina pectoris, and paralysis. And the October 1993 issue, devoted to the homeopathic treatment of children, includes an article recommending products for acute bacterial infections of the ear and tonsils. The article is described as selections from Heel seminars given in several cities by a Nevada homeopath who also served as medical editor of Biological Therapy. In 1993, Heel published a 500-page hardcover book describing how to use its products to treat about 450 conditions [9]. Twelve pages of the book cover "Neoplasia and neoplastic phases of disease." (Neoplasm is a medical term for tumor.) In March 1998, during an osteopathic convention in Las Vegas, Nevada, a Heel exhibitor distributed copies of the book when asked for detailed information on how to use Heel products. A 2000 edition is larger but does not have the neoplasia section [10].

Between October 1993 and September 1994, the FDA issued warning letters to four homeopathic manufacturers:

BHI was ordered to stop making claims that BHI Cold, which contained sulfur and pulsatilla, were effective against mumps, whooping cough, chronic respiratory diseases, herpes zoster, all viral infections, and measles. In addition, when combined with other BHI remedies, it had been illegally claimed to be effective against otitis, pleurisy, bronchitis or pneumonia, conjunctivitis, and tracheitis.
Botanical Laboratories, Inc., which distributed Natra-Bio products, was ordered to stop claiming that BioAllers was a homeopathic remedy for reliving symptoms of allergy due to pollen, animal hair, dander, mold, yeast, and dust. The products were promoted as homeopathic even though some ingredients were not in the Homeopathic Pharmacopeia.
L.B.L.-Bot.Bio.Hom.Corp, of Roosevelt, New York, was ordered to stop making false claims that products could prevent AIDS, reduce cholesterol, cure diabetes and other pancreas disorders, and cancerous blood disorders.
Nutrition Express, of Houston, Texas, was warned that products it was marketing for the temporary relief of infection, minor liver disorders, lymphatic disorders, and menstrual discomforts were misbranded because their labels or labeling included statements that represented that the products were intended to be used for curing or preventing disease.
Greater Regulation Is Needed
As far as I can tell, the FDA has never recognized any homeopathic remedy as safe and effecative for any medical purpose. In 1995, I filed a Freedom of Information Act request that stated:

I am interested in learning whether the FDA has: (1) received evidence that any homeopathic remedy, now marketed in this country, is effective against any disease or health problem; (2) concluded that any homeopathic product now marketed in the United States is effective against any health problem or condition; (3) concluded that homeopathic remedies are generally effective; or (4) concluded that homeopathic remedies are generally not effective. Please send me copies of all documents in your possession that pertain to these questions [10].

An official from the FDA Center for Drug Evaluation and Research replied that several dozen homeopathic products were approved many years ago, but these approvals were withdrawn by 1970 [12]. In other words, after 1970, no homeopathic remedy had FDA as "safe and effective" for its intended purpose. As far as I can tell, that statement is still true today.

If the FDA required homeopathic remedies to be proven effective in order to remain marketable -- the standard it applies to other categories of drugs -- homeopathy would face extinction in the United States [13]. However, there is no indication that the agency is considering this. FDA officials regard homeopathy as relatively benign (compared, for example, to unsubstantiated products marketed for cancer and AIDS) and believe that other problems should get enforcement priority. If the FDA attacks homeopathy too vigorously, its proponents might even persuade a lobby-susceptible Congress to rescue them. Regardless of this risk, the FDA should not permit worthless products to be marketed with claims that they are effective. Nor should it continue to tolerate the presence of quack "electrodiagnostic" devices in the marketplace.

In 1994, forty-two prominent critics of quackery and pseudoscience asked the agency to curb the sale of homeopathic products. The petition urges the FDA to initiate a rulemaking procedure to require that all over-the-counter (OTC) homeopathic drugs meet the same standards of safety and effectiveness as nonhomeopathic OTC drugs. It also asks for a public warning that although the FDA has permitted homeopathic remedies to be sold, it does not recognize them as effective. The FDA has not yet responded to the petition. However, on March 3, 1998, at a symposium sponsored by Good Housekeeping magazine, former FDA Commissioner David A. Kessler, M.D., J.D., acknowledged that homeopathic remedies do not work but that he did not attempt to ban them because he felt that Congress would not support a ban [14].

Note: We are interested in filing consumer-protection suits against homeopathic sellers. If you have purchased a homeopathic product within the past year and concluded that the product did not work as represented on packaging or in any advertisement, please contact us.

References
Kaufman M. Homeopathy in America. Baltimore, 1971, The Johns Hopkins University Press.
Hill C, Doyon F. Review of randomized trials of homeopathy. Review of Epidemiology 38:139-142, 1990.
Jacob J and others. Treatment of childhood diarrhea with homeopathic medicine: a randomized clinical trial in Nicaragua. Pediatrics 93:719-725, 1994.
Sampson W, London W. Analysis of homeopathic treatment of childhood diarrhea. Pediatrics 96:961-964, 1995.
Homoeopathic Medicine Research Group. Report. Commission of the European Communities, December 1996.
NCAHF Position Paper on Homeopathy. Loma Linda, CA.: National Council Against Health Fraud, 1994.
Wise, J. Health authority stops buying homoeopathy. British Medical Journal 314:1574, 1997.
Hauck KG. Homeopathy and coronary artery disease. Homeopathy Today 17(8):3, 1997.
Biotherapeutic Index. Baden-Baden, Germany: Biologishe Heilmittel Heel GmbH, 1993.
Biotherapeutic Index, 5th revised English edition. Baden-Baden, Germany: Biologische Heilmittel GmbH, 2000.
Barrett S. Letter to FDA Office of Freedom of Information, Feb 7, 1995.
Davis H. Letter to Stephen Barrett, M.D., April 24, 1995.
Pinco RG. Status of homeopathy in the United States: Important ominous developments. Memo to Williard Eldredge, president, American Association of Homeopathic Pharmacists, Jan 17, 1985.
Kessler DA. Panel discussion on herbal dietary supplements. Consumer Safety Symposium on Dietary Supplements and Herbs, New York City, March 3, 1998.
Related Topics
Quack "Electrodiagnostic" Devices Used for Selecting Remedies
FDA Compliance Policy Guide 7132.15 for Homeopathic Products
Homoeopathy and Its Kindred Delusions (Essay by Oliver Wendell Holmes, 1842)
Homeopathy and Science: A Closer Look
Petition to Ban the Marketing of Homeopathic Products
Why Extraordinary Claims Require Extraordinary Proof
Alternative Medicine and the Laws of Physics
Samuel Hahnemann's Book: Organon of Medicine
The Scientific Evaluation of Homeopathy (includes research summary)
Hahnemann's Homeopathy (Five articles debunking homeopathic theory and practice)

Reader Responses
From a Californian who runs seminars teaching people "how
to reduce stress by finding their natural breathing pattern":

I am very open minded. I would use drugs, surgery whatever it takes . . . but I feel homeopathy has value and the word "fake" is counterproductive and judgemental. I feel you have not researched the many scholars around the globe that are researching the quantum biological perspective. A few key biophysicists are gaining knowledge that there are subatomic fields that interpenetrate and structure the molecular level. These fields can directly relate to how homeopathy works. YOU DO NOT NEED ANY MOLECULES OF THE SUBSTANCE IN THE REMEDY TO AFFECT THESE UNDERLYING FIELDS. A SUBATOMIC WAVE FIELD THAT IS CARRYED BY THE WATER OR SUGAR IN THE REMEDY IS INTERACTING WITH THE SUBATOMIC FIELDS UNDERLYING THE PHYSICAL MATTER OF THE PATIENT. The problem is our limited technology can only measure a limited band of the energy spectrum. WE ARE NOT THAT ADVANCED AS A CIVILISATION. JUST WATCH THE NEWS.

From an unidentified homeopathic enthusiast:

Homeopathy works and you simply are too narrow-minded to understand that this world is made up of more than the mere physical and chemical natures. You overlook the spiritual and the energetic. You are the quack

From a retired criminal investigator:

Homeopathic practices tend to be from the biblical roots of good natural medicine. There are millions that will fight any intrusion on homeopathy and its tenets. God have mercy on the persecutors.

From another homeopathic enthusiast:

What a sad sorry piece of shit masquerading as science your article is. Which drug company are you a front for? Do you know how many people die each year as a result of prescribed "scientifically validated" drugs? How many people do you murder (sorry treat) each week? How it must irk you that homeopathy is making a huge resurgence worldwide and safely treating iatrogenic and "incurable" diseases. We must start a web site to encourage people to sue doctors and drug companies for harmful side effects, lying and murder. It will be a huge counter punch to established medical quackery.

P.S. Oh I nearly forgot -- FUCK YOU!!!!


Quackwatch Home Page

This page was revised on August 26, 2001.



To: DanZ who wrote (4818)11/1/2003 3:38:22 PM
From: StockDung  Respond to of 5582
 
The authors then reviewed the records of patients at the Rocky Mountain Taste and Smell Center and found ten patients whose anosmia may have been caused by the intranasal application of zinc."

Message 19456278



To: DanZ who wrote (4818)11/2/2003 1:49:24 PM
From: StockDung  Respond to of 5582
 
Trick or Treat? Background Searches Reveal the Truth! Follow the bouncing Ziacam ball. =====================================

To:Dan Zimmermann who wrote (4137)
From: Mad2 Wednesday, Jun 12, 2002 11:27 PM
Respond to of 4497

From Gumtech pertaining to Scio Nobels "study" on Zicam allergy relief
Disclosure Statement
The author Dr. Sion Nobel was employed by Barron Biotechnologies to conduct this study and serve as independent principal investigator. Barron Biotechnologies was contracted by Gumtech International, the manufacturer of Zicam Allergy Relief to organize a clinical allergy study with the drug. The author was paid a nominal fee based on patient enrollment in the study. Barron Biotechnologies is an independent company which has no vested interest in Gumtech. Barron Biotechnologies received some money but no stock or stock options from Gumtech as payment for the contract. No payments of any kind from Gumtech to Barron Biotechnologies or from Barron Biotechnologies to the author were ever dependent upon any outcomes.

Don't quite know who Barron Biotechnologies is, assume its a business of Ernesto Barron. Anyway its not a registered US business

mad2

--------------------------------------------------
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1: Ear Nose Throat J. 2000 Oct;79(10):778-80, 782. Related Articles, Links

Zinc nasal gel for the treatment of common cold symptoms: a double-blind, placebo-controlled trial.

Hirt M, Nobel S, Barron E.

Center of Integrative Medicine, Tarzana, Calif. 91356, USA.

Effective treatment for the common cold have been difficult to develop because so many different types of virus are responsible for this condition. Oral zinc has been studied as a possible means of preventing or alleviating symptoms, with mixed results. We studied a new approach to zinc therapy--an over-the-counter nasal gel formulation (Zicam)--to independently evaluate its efficacy as a treatment for the common cold. Our study was conducted at four sites over a 5-month period. The study group consisted of 213 patients with recent-onset(< or = 24) cold symptoms; 108 patients received zinc therapy, and 105 reviewed placebo. Symptom charts were used to track the duration and severity of each patient's symptoms. At study's end, the duration of symptoms was 2.3 days (+/-0.9)in the zinc group and 9.0 days (+/-2.5)in the control group--a statistically significant difference (p <0.05). These results provide evidence that zinc nasal gel is effective in shortening the duration of common cold symptoms off when taken within 24 hours of their onset.

Publication Types:
Clinical Trial
Randomized Controlled Trial
PMID: 11055098 [PubMed - indexed for MEDLINE]



To: DanZ who wrote (4818)11/2/2003 2:07:32 PM
From: StockDung  Respond to of 5582
 
Michael Hirt->New over the counter meds for the cold and flu

  REPORTER
Diana Penna

PHOTOGRAPHER
KOVR 13 News

APPEARED ON
News at 5:00 (12/18/01)

If you're tired of taking the usual over-the-counter products year after year, there are a few new natural products getting lots of attention.
 

 
It's that time of year, cold and flu season. If you've been hit with a holiday bug, there are some new over the counter medications that can help. Diana Penna has more.  
 
Andrographis is sold at health food stores under the brand name Remdex.


The cold and flu season is just beginning, but many people have already been bitten by the flu bug or know someone who has.

Dr. Michael Hirt / Nutritionist: "Unfortunately, if you get a cold or flu-like illness, we don't have medications that will cure it."

The good news is you can treat the symptoms. But if you're tired of taking the usual over-the-counter products year after year, there are a few new natural products getting lots of attention.

Dr. Michael Hirt / Nutritionist: "Andrographis, it's new to us, but it's been around for two-thousand years in medicine from the continent of India. And that herb has been shown clinically to reduce symptoms like sore throat, fever, congestion."

Andrographis is sold at health food stores under the brand name Remdex. And remember, just because it's an herb, you still have to follow the directions, and consult your doctor first.

Nutritionist Dr. Michael Hirt compares Remdex to Echinacea. He says it may even be better.

Dr. Michael Hirt / Nutritionist: "That herb has been shown clinically to reduce symptoms like sore throat, fever, congestion. It's been shown to reduce a cold and the number of days that you're sick…think of it as sort of a super Echinacea."

There's another all natural product, a tea, that's flying off the shelves in Europe that we can also get here.

Dr. Michael Hirt / Nutritionist: "The number one selling herb in Europe for congestion and cough is Mullin. Mullin is a tea that you can drink, which you should be drinking anyway. Lots of fluids when you're sick, that can help bring up the mucus and help you clear the congestion faster."

 
 
There's another all natural product, a tea, that's flying off the shelves in Europe that we can also get here.



And finally, one last herb that may help fight the flu.

Dr. Michael Hirt / Nutritionist: "There's also black elderberry extract that's been clinically studied to help reduce symptoms of cough and congestion."

Diana Penna, KOVR 13 News

 

 
Nutritionists also say certain vegetables can help ward off the flu. Spinach, carrots, yams, broccoli and garlic are all good choices for that.
 
Posted to the web on 12/18/01 at 10:00 PM
 

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To: DanZ who wrote (4818)11/2/2003 2:37:39 PM
From: StockDung  Respond to of 5582
 
Heather McDougle; "I called Zicam, and they told me it happens
all the time and the only active ingredients were salt and Zinc. They
assured me that in every case taste and smell retuned. When I asked
how long, the customer service representative said it was different
for every person. I asked why the packaging of Zicam was the way it
was and the rep. explained they did not know, that they have been
reporting the constant confusion to upper management. I wasn&#8217;t
worried because it seemed I was slowly regaining both senses back, but
on January 23, 2003 the metallic taste and smell has come back."

From: David Lynch (davidlynch@ojai.net)
Subject: Zicam Took Away My Sense of Taste And Smell
This is the only article in this thread
View: Original Format
Newsgroups: sci.med
Date: 2003-01-27 14:57:19 PST

On December 21, 2002 I had gone to bed about 12:AM. After spending the
day working in my garden, I woke about 1:00AM with a little stuffy
noise. This was not uncommon for me after a day in the garden, so I
got up and went to my bathroom medicine cabinet to reach for the
bottle of NasalCrom which I had used before. Unfortunately I did not
turn on the lights and did not know that a bottle of Zicam Spray gel
was standing right next to the NasalCrom (they look almost the
identical).

My Husband had acquired the Zicam after a colleague at work
recommended it for a cold he had in early November. I had never used
Zicam and knew nothing about how to use it. I reached up in the dark,
thinking I was gabbing the NasalCrom, when I was actually gabbing
Zicam. I proceeded to pump two big squirts up each nostril inhaling
as far as I could in to my sinuses (as should be done with NasalCrom).
Instantly, I felt a burning in my sinuses that I had never felt
before. I turned on the light and looked at the bottle and realized I
had just ingested Zicam. Because the bottle looked like a nasal spray;
I figured it was OK and I would see if Zicam worked as well NasalCrom.
I assumed the burning was normal and would subside.

I went back to bed, but the burning did not subside (as a man who
posted a similar message mentioned, it became the &#8220;9/11&#8221;
of my nose). Within 15 minutes, my sinuses had completely closed off,
allowing me to only breath through my mouth. The pain was excruciating
all over my head. The dripping down the back of my throat made me
nauseous, and my equilibrium was off. I realized something was going
terribly wrong.

I woke my husband and in tears told him I had taken Zicam and was
having some kind of bad reaction to it. He asked, &#8220;You
didn&#8217;t put that stuff up your nose did you&#8221;? This is how
I found out that it was a cold remedy and should have only been
applied to the inner tips of my nose and I should have had a cold.
(Why is it in a nasal spray bottle?) By 4:00AM, I couldn&#8217;t take
it anymore and was about to go to the emergency room when I put a cold
glass of ice water against my head (and sinuses) and all of sudden the
pain got much better. We put a cold compress on my sinuses and within
an hour the pain had subsided and my sinuses had reopened allowing me
to breathe.

The next day I had lost all taste and smell, with an occasional taste
and smell that I can only describe as &#8220;metallic.&#8221; By the
third week the metallic sensation had gone and I was starting to get a
slight bit of taste on the edges of my tongue and some smell if I got
up close to the subject. I called Zicam, and they told me it happens
all the time and the only active ingredients were salt and Zinc. They
assured me that in every case taste and smell retuned. When I asked
how long, the customer service representative said it was different
for every person. I asked why the packaging of Zicam was the way it
was and the rep. explained they did not know, that they have been
reporting the constant confusion to upper management. I wasn&#8217;t
worried because it seemed I was slowly regaining both senses back, but
on January 23, 2003 the metallic taste and smell has come back.

After searching the Internet and USENET groups I found this forum and
have decided to post. For those of you who claim a cold virus maybe
the cause, I want to point out that I have had no cold (nor have I had
one). We live in isolation quarantine all winter long due my infant
daughter&#8217;s medical problems. She cannot be exposed to cold, flu
or R.S.V. viruses, so there are no viruses here.

It has now been over a month things seem to be getting worse (not
better) can anyone direct me to a doctor or other resource (other than
those already posted)?

Sincerely,
Heather McDougle
hmcdougle@ojai.net

groups.google.com



To: DanZ who wrote (4818)11/2/2003 2:41:12 PM
From: StockDung  Respond to of 5582
 
Steven D. Litvintchouk SAYS; "Zicam Gave Me Permanent Anosmia (Loss of Sense of Smell) "

From: Steven D. Litvintchouk (sdlitvin@earthlinkNOSPAM.net)
Subject: Zicam Gave Me Permanent Anosmia (Loss of Sense of Smell)
View: Complete Thread (5 articles)
Original Format
Newsgroups: alt.support.sinusitis, alt.support.asthma, sci.med
Date: 2003-08-10 17:55:21 PST

Around May 20, I posted to these NGs that I was considering trying Zicam
(zinc gluconate nasal gel spray) as a treatment for the common cold I
caught. Zicam is advertised as a "cure for the common cold" because
zinc ions are claimed to bind to common cold receptors in the mucosa.

Well, I did use the Zicam, and I will rue the day I did that for a long
time. It seems to have PERMANENTLY destroyed my sense of smell, almost
entirely. I can still taste food, but not as well as before. Flonase
nasal steroid spray hasn't helped (although I can still smell the
Flonase for some reason).

I searched the "anosmia" forum on Yahoo.com. And sure enough, a number
of other sufferers of anosmia claimed they too got that way after using
Zicam. None of them has regained their sense of smell, even after 6
months of steroids. There is even talk of a lawsuit against the
company. One of the participants cited some scientific studies from the
1940's in which researchers actually used zinc sulfate spray in the
nostrils of animals to INDUCE anosmia for experimental research purposes.

--
Steven D. Litvintchouk
Email: sdlitvin@earthlinkNOSPAM.net

Remove the NOSPAM before replying to me.

groups.google.com



To: DanZ who wrote (4818)11/4/2003 10:31:21 PM
From: StockDung  Respond to of 5582
 
Strong Capital to be charged for improper trades

REUTERS[ SATURDAY, NOVEMBER 01, 2003 04:06:18 AM ]
NEW YORK : New York attorney general Eliot Spitzer expects to bring charges against mutual fund company Strong Capital Management, its founder Richard Strong, and possibly another employee as part of a probe into improper mutual fund trading, a spokeswoman said on Thursday.

Strong, listed as one of the 400 richest Americans by Forbes magazine, is the highest-ranking mutual fund industry executive to be targeted in a rapidly widening investigation into improper trading.

Strong and others close to him made as much as $600,000 over five years by making quick, in-and-out trades of his firm’s funds, the spokeswoman for Mr Spitzer said.

Those “market-timing” trades are aimed at exploiting arbitrage opportunities in the way funds are priced, and ordinary Strong investors are discouraged from making them. The practice also drives up costs for long-term investors.

The probe is still ongoing, the spokeswoman said, and it is unclear at this point what charges Mr Strong and the company face, though criminal charges have not been ruled out. Late in the day Mr Strong signalled he would be prepared to quit the firm if necessary. He also said he will reimburse Strong-advised funds for any financial losses investors suffered due to his transactions. “If it becomes appropriate, I would be prepared to step aside to enable new leadership to bring new energies to this company,” Mr Strong said in a statement.

A spokeswoman for privately held Strong Capital, which oversees $42.7bn in assets, Wisconsin, would not comment directly on the possibility of charges in the probe, but the company said it is investigating with the help of outsider.

Strong said it hired David Ruder, a former chairman of the SEC to review the company’s policies and procedures. Mr Ruder will oversee and advise the company on policies and procedures and will report and make recommendations to the soon-to-be expanded board, the company said.



To: DanZ who wrote (4818)11/6/2003 5:52:15 PM
From: StockDung  Respond to of 5582
 
..HomeoWatch Home Page Zicam Marketers Sued

Stephen Barrett, M.D.

homeowatch.org
--------------------------------------------------------------------------------

On October 14, 2003, Dennis and Debra Christensen of Almena, Michigan, filed suit against the marketers of Zicam Cold Remedy Nasal Gel , a homeopathic product claimed to "reduce the severity and duration of common cold symptoms even when treatment is started as late as the second day after onset of illness." The suit alleges that Dennis Christenson sustained permanent loss of his sense of smell following a single application of the product. Several similar cases were reported at a meeting of the American Rhinologic Society in September 2003. The case report authors state that direct application to the inner lining of the nose has long been known to produce loss of the sense of smell.

--------------------------------------------------------------------------------

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DENNIS CHRISTENSEN and
DEBRA CHRISTENSEN,
Plaintiffs,
vs.

MATRIXX INITIATIVES, INC., a
Delaware Corporation, formerly
known as Gumtech International,
INC., and ZICAM, LLC, formerly known
as Gel Tech, LLC an Arizona limited
Liability Company

Defendants. Case No. 4:03CV0146

Hon. Wendell Miles
Senior .U.S. District Judge

Filed October 14, 2003.

--------------------------------------------------------------------------------

William P. Webster, Jr. (P63144)
CHAMBERS, STEINER & STURM, P.L.C. Attorneys for Plaintiffs
141 East Michigan Avenue, Suite 400
Kalamazoo, MI 49007
(269) 385-4300

--------------------------------------------------------------------------------

THERE IS NO OTHER PENDING OR RESOLVED CIVIL ACTION ARISING OUT OF THE SAME TRANSACTION OR OCCURRENCE AS ALLEGED IN THE COMPLAINT

--------------------------------------------------------------------------------

COMPLAINT
AND
DEMAND FOR JURY TRIAL

--------------------------------------------------------------------------------

NOW COME the Plaintiffs, Dennis Christensen and Debra Christensen, by and through their attorneys, CHAMBERS, STEINER & STURM, P.L.C., and for their complaint against the Defendants, state as follows:

GENERAL ALLEGATIONS

1. Plaintiffs are residents of the Township of Almena, County of Van Buren, State of Michigan.

2. DEFENDANT Matrixx Initiatives, Inc., is a Delaware Corporation which conducts business in and throughout the State of Michigan.

3. Defendant Zicam, L.L.C. is an Arizona Limited Liability Company which is a wholly owned and controlled subsidiary of Matrixx Initiatives, Inc., and which conducts business in and throughout the State of Michigan.

4. All of the acts or occurrences giving rise to this complaint occurred in the Counties of Kalamazoo and Van Buren, State of Michigan.

5. Jurisdiction in this Court is based upon diversity of jurisdiction.

6. The amount in controversy exceeds $75,000.00 exclusive of interest, costs and attorney fees.

FACTUAL ALLEGATIONS

7. Plaintiffs herein reallege and incorporate by reference each and every paragraph set forth above and further state as follows:

8. Defendant Matrixx Initiatives, Inc. is engaged in the development, manufacture and marketing of over the counter pharmaceuticals, including Zicam Cold Remedy.

9. Zicam, L.L.C. is a wholly owned subsidiary of Matrixx Initiatives, Inc. and Zicam, L.L.C. produces, markets and sells Zicam Cold Remedy Nasal Gel, a patented "homeopathic" remedy.

10. Matrixx Initiatives, Inc. and Zicam, L.L.C., hereinafter collectively referred to as Defendant Matrixx, produce, develop, manufacture and market Zicam Cold Remedy Nasal Gel.

11. Zicam Cold Remedy Nasal Gel is packaged in various manners and with various delivery systems, all of which are developed, manufactured and marketed by or with the express consent of Defendant Matrixx.

12. One such version of Zicam Cold Remedy Nasal Gel is developed, marketed and manufactured by Defendant Matrixx in a nasal spray format.

13. The nasal pump by which Zicam is administered is intended to "splatter" the Zicam Cold Remedy within the nose.

14. The nasal pump utilized by Defendant Matrixx in delivering the Zicam nasal spray to the user's nose is capable of propelling the Zicam approximately ten feet.

15. Zicam Cold Remedy Nasal Spray contains divalent ionized zinc in the form of zinc gluconate, which is listed on the product's active ingredients under the trade name of "zincum gluconium 2x".

16. Zinc gluconate contains a divalent zinc ion.

17. Zinc gluconate is a chemical compound characterized as a "zinc salt".

18. If used as directed, Zicam Cold Remedy Nasal Spray delivers the Zicam Cold Remedy Gel containing zinc gluconate to the nasal membranes of the user of the product.

19. Zicam Cold Remedy is not a "drug" as that term is defined in §201 of the Federal Food, Drug and Cosmetic Act, Chapter 675, 52 Stat. 1040, 21 USC 321. .

20. Zicam Cold Remedy Nasal Spray, hereinafter also referred to as "the product", is not and never has been approved for safety and/or efficacy by the United Stated Food and Drug Administration

21. Zicam Cold Remedy's labeling has never been approved by the United States Food and Drug Administration.

22. Defendant Matrixx, as the successor corporation to Gumtech International, Inc., is liable for any negligence of Gumtech International, Inc. under the doctrine of successor liability.

Likewise, Zicam, LLC, as the successor to Gel Tech, LLC, is liable for any negligence of Gel Tech, LLC under the doctrine of successor liability.

23. Sometime during the autumn of 2001, Debra Christensen purchased a bottle of Zicam Cold Remedy Nasal Spray from a Meijer Thrifty Acres store located on M-43 in Kalamazoo County, Michigan.

24. During the month of April, 2002, Plaintiff Dennis Christensen felt a cold coming on.

25. When Plaintiff Dennis Christensen informed his wife that he felt that he was becoming sick, the Plaintiff, Debra Christensen told her husband, Dennis Christensen that she had purchased some Zicam Cold Remedy Nasal Spray and that he should use it.

26. Plaintiff Christensen then used, as directed on the packaging of the product, the Zicam Cold Remedy Nasal Spray that was purchased by his wife.

27. After applying the Zicam Cold Remedy Nasal Spray to both nostrils, Plaintiff Dennis Christensen felt an intense stinging and/or burning sensation in his nose.

28. Since this one and only use of Zicam Cold Remedy Nasal Spray, Plaintiff Dennis Christensen has totally lost his sense of smell.

29. Plaintiff, Dennis Christensen's loss of his sense of smell ("anosmia") has continued to the date of this complaint.

30. That despite medical consultations and treatments, Mr. Christensen's sense of smell has yet to return.

31. Mr. Christensen has been informed that the sense of smell is in all likelihood permanent, total and irreversible.

32. As a result of the total, irreversible loss of smell, Mr. Christensen's ability to taste has been severely diminished and his likewise permanent, total and irreversible.

33. The product Zicam Cold Remedy Nasal Spray, when used as directed by Plaintiff Dennis Christensen, caused a permanent, total and irreversible loss of one or more vital bodily functions of Plaintiff Dennis Christensen, namely, his ability to smell and taste.

34. The limitations on damages set forth in MCL 600.2946a(1) do not apply because the Defendants. injuries sustained by Plaintiffs Dennis and Debra Christensen were due to the gross negligence of Defendants.

35. Plaintiffs Dennis and Debra Christensen did not alter the product or its packaging at any time.

36. Plaintiffs Dennis and Debra Christensen did not misuse the product at any time.

37. Plaintiff Dennis Christensen was not aware that the use of the product created an unreasonable risk of personal injury. Plaintiff further did not voluntarily expose himself to any known, unreasonable risk of harm in using this product, as he was not aware, prior to his one and only use of it that it posed an unreasonable risk of personal injury.

38. Plaintiff Dennis Christensen is not a "sophisticated user" as that term is used in MCL 600.2947(4).

39. The unreasonably dangerous aspect of the product could easily be eliminated by defendants without compromising its usefulness or desirability, if any such usefulness or desirability even exists.

40. At the time of the product's manufacture and distribution, Defendant Matrixx had actual knowledge that the product was defective and that there was a substantial likelihood that the defect would cause the injury that is the basis of this cause of action; Defendant Matrixx further willfully disregarded that knowledge in the manufacture and/or distribution of this product.

41. Defendant Matrixx continues to disregard the knowledge that intranasal application of Zicam Cold Remedy Nasal Spray causes total, permanent and irreversible anosmia when used as directed.

COUNT I
DESIGN DEFECT PRODUCT LIABILITY
AGAINST DEFENDANT MATRIXX ON BEHALF OF
PLAINTIFF DENNIS CHRISTENSEN

42. The Plaintiffs herein reallege and incorporate by reference each and every paragraph set forth above, and further state as follows:

43. Defendants Matrixx Initiatives, Inc. and Zicam, L.L.C. and their predecessor entitie owed a duty to Plaintiff, Dennis Christensen, and all others similarly situated, to use due care and caution in the design of its Zicam Cold Remedy Nasal Spray to avoid unreasonable risks of injury during reasonably foreseeable uses of the product.

44. Using the product as directed on its packaging is a reasonably foreseeable use of the product.

45. The Defendants, Matrixx Initiatives, Inc. and Zicam, L.L.C. breached this duty through acts and/or omissions which include, but are not necessarily limited to, the following:

a. By designing a product intended to and instructing its users to apply Zicam Cold Remedy Nasal Spray intranasally;

b. By failing to engage in proper and adequate testing of this product and its long term effects on the sense of smell;

c. By failing to conduct an even minimal investigation into the historical and scientific evidence that relates intranasal zinc application to permanent, total and irreversible anosmia;

d. By failing to adequately warn users of the product that use of the product as directed could potentially cause permanent total and irreversible anosmia;

e. By otherwise failing to design the product in accordance with prevailing industry and scientific standards in a manner that would have eliminated unreasonable risks of injury during reasonably foreseeable uses.

46. At the time Defendants Matrixx Initiatives, Inc. and Zicam, L.L.C. designed the product, the severity of injury to users was foreseeable to Defendants.

47. At the time Defendants Matrixx Initiatives, Inc. and Zicam, L.L.C. designed the product, there was one or more reasonable alternative designs available.

48. The aforementioned available alternative designs were practicable.

49. The available practical and reasonable design alternatives would have reduced or completely eliminated the foreseeable risk of harm posed by the nasally introduced Zicam Cold Remedy.

50. Failure to use the available, practical and reasonable alternative designs rendered the product not reasonably safe for its intended use.

51. As a direct and proximate result of Defendants Matrixx Initiatives, Inc. and Zicam, L.L.C.'s breach of the aforementioned duties and negligence described above, the Plaintiff, Dennis Christensen, suffered complete, total, permanent and irreversible loss of his sense of smell.

52. As a direct and proximate result of Defendants Matrixx Initiatives, Inc. and Zicam, L.L.C.'s breach ofthe aforementioned duties and negligence described above, the Plaintiff, Dennis Christensen, suffered a permanent and irreversible severely diminished sense of taste.

53. As a direct and proximate result of the negligence of the Defendants Matrixx Initiatives, Inc. and Zicam, 1.1.C., and the injuries suffered by the Plaintiff, Dennis Christensen, the

Plaintiff, Dennis Christensen, has suffered damages which are continuing in nature and include, but are not necessarily limited to, the following:

a. Complete, total, permanent and irreversible loss of the sense of smell;

b. Permanent and irreversible diminution of the sense of taste;

c. The need to undergo several fruitless medical procedures and treatments;

d. Mental and emotional distress;

e. Mortification and humiliation;

f. Physical pain and suffering;

g. Medical expenses;

h. Loss of enjoyment of everyday activities and severely diminished quality of life given the fact that two of his five senses are gone forever;

i. Increased susceptibility to risks generally avoidable by a person with an intact sense of smell;

j. Other damages not specifically identified above.

WHEREFORE, the Plaintiff, Dennis Christensen, respectfully requests that this Honorable Court grant him judgment against Defendants Matrixx Initiatives, Inc. and Zicam, L.l.C., in whatever amount above Seventy-five Thousand Dollars ($75,000.00) he is found to be entitled, together with interest, costs and attorney fees.

COUNT II
LOSS OF CONSORTIUM CLAIM MADE BY
PLAINTIFF DEBRA CHRISTENSEN

54. The Plaintiffs herein reallege and incorporate by reference each and every paragraph set forth above, and further state as follows:

55. Plaintiff, Debra Christensen, is the spouse of Plaintiff, Dennis Christensen.

56. As a direct and proximate result of the injuries to Plaintiff, Dennis Christensen, proximately caused by the Defendants named herein, Plaintiff, Debra Christensen has been deprived of the support, comfort, society and companionship of her husband, Dennis Christensen, and those other pleasures and rights growing under the marriage relationship known as consortium.

WHEREFORE, the Plaintiff, Debra Christensen, respectfully requests that this Honorable Court grant her judgment against all Defendants, in whatever amount above Seventy-five Thousand Dollars ($75,000.00) she is found to be entitled, together with interest, costs and attorney fees.

DEMAND FOR JURY TRIAL

NOW COME the Plaintiffs, Dennis Christensen and Debra Christensen, by and through their attorneys, CHAMBERS, STEINER & STURM, P.L.C., and hereby demand a trial by jury.

Respectfully submitted,

William P. Webster, Jr.

Dated: October 13, 2003

--------------------------------------------------------------------------------

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This article was posted on November 4,