WSBC Files Federal Lawsuits Against Maker of Zicam

May 2010

On March 3, 2010, Waite, Schneider, Bayless & Chesley filed federal lawsuits in Ohio and Kentucky against Matrixx Initiatives, the manufacturer of Zicam, on behalf of individuals who lost their senses of taste and smell after using the over-the-counter cold and flu nasal gel. The lawsuits allege that Matrixx knew for years that Zicam users had complained of anosmia, or loss of smell, but explicitly chose not to warn Zicam customers. On June 16, 2009, the Food and Drug Administration issued a warning advising consumers to "stop using and discard" Zicam Cold Remedy Nasal Gel and Cold Remedy Nasal Swabs (among others) because Zicam is "associated with the loss of sense of smell." In light of the FDA's warning, the lawsuit alleges, Matrixx had no choice but to immediately recall the dangerously defective Zicam products.

The cases Raker et al v. Matrixx Initiatives, Inc. et al. (Case Number 10-cv-000125, S.D. Ohio) and Hartman v. Matrixx Initiatives, Inc. et al. (Case Number 10-cv-00042, E.D. Ky.), allege negligence, defect in design and manufacture, failure to warn, breach of warranties, fraudulent concealment, and violation of state consumer laws. The cases have been transferred into a federal multi district litigation proceeding, MDL 2096, in the District of Arizona, before Judge Frederick J. Martone.