Zicam Class Action Lawsuits Filed Over Loss of Smell
Published: July 6th, 2009 • Comments: 6
Matrixx Initiatives, maker of the recently recalled Zicam Cold Remedy, faces class action lawsuits in California and Missouri that allege they failed to adequately warn consumers that the nasal gel and nasal swab versions of Zicam could cause damage to the sense of smell.
The California Zicam class action lawsuit was filed in federal court on behalf of lead plaintiff Barbara Sample, and others who purchased Zicam Cold Remedy nasal gel products while in California or from a California source within the four years before June 23, 2009. The Missouri class action was filed in St. Louis County Circuit Court on behalf of Gwendoly West and all residents of St. Louis County who purchased the recalled Zicam products during the year before the FDA warning.
On June 15, 2009, the FDA warned consumers to stop using the popular over-the-counter nasal products, which were marketed to treat the common cold, after receiving more than 130 reports of Zicam side effects involving people losing their sense of smell. Matrixx Initiatives was also warned at the same time that they would no longer be permitted to market the homeopathic products until they submit data establishing the safety and effectiveness for FDA review.
The Zicam class action lawsuits allege that zinc gluconate, the single active ingredient in Zicam Nasal Gel, is toxic to the tissue inside the nose and is responsible for causing users to lose their ability to smell or detect odors.
Although they voluntarily issued a Zicam recall last month, Matrixx Initiatives continues to state that their product is safe and indicates they intend to “vigorously defend each of the recently filed lawsuits.” It is their position that the zinc contained in Zicam, which has been blamed for the smell loss reported in users, is not deposited far enough up the nose or in large enough amounts to cause nerve damage.
On Thursday, the FDA released a report from a May inspection that points out that Matrixx Initiatives did not turn over consumer complaints about Zicam Cold Remedy nasal swabs and gels as required by federal regulations. The inspection discovered about 800 consumer complaints, and inspectors estimate that 3.6 out of every 100,000 users have experienced Zicam problems with loss of smell. The inspector also notes that reports peaked in 2004, with 6.7 people complaining for every 100,000 units sold.
Damage to ability to smell, known as anosmia, is a very serious side effect that causes significant loss of quality of life. It can also be potentially life-threatening, as victims may be unable to smell dangerous fumes, smoke from fire or food that has gone rotten.
The two class action lawsuits over Zicam follow other complaints filed on behalf of individuals during the weeks after the recall. Those Zicam lawsuits were filed on behalf of individuals who allege that their ability to smell was affected by Zicam, as opposed to the economic loss claims covered by the Zicam class action lawsuits filed for all individuals who purchased the potentially dangerous cold remedy.
Comment by John on 6 July 2009:
The sad fact is that the long history of intranasal zinc is ugly. Matrixx knows it and now you know it. Zicam is relatively new. Nothing like it had ever been marketed for human useage. It slipped passed FDA scrutiny because only a select few were even aware of the potential dangers. Unfortunately the FDA was not one of them.
If Zicam Nasal Cold Remedy is so safe, then why won’t Matrixx test it on living human smell tissue just to be absolutely certain of its safety? It is not acceptable for them to proclaim that it can’t reach the olfactory region. Let INDEPENDENT taste and smell doctors make that call….NOT Matrixx funded testing. How can we depend on unbiased test results conducted by “the accused” on rats and mice as they may react differently than humans. Afterall, it’s humans we need to be concerned with here! And if results show that damage to the sense of smell and taste is possible, then how about placing a clearly stated warning label, rather than blind-side the unsuspecting consumer. That would demonstrate REAL concern for consumer safety. Their attorneys seem happy to always fall back on, “You can’t prove it.” when there are indeed ways to prove it, but no one from Matrixx have any desire to conduct real studies that produce results that are anything but results they pay to get.
The scientific studies funded by the maker should not be totally relied upon. INDEPENDENT SAFETY STUDIES ARE NEEDED to confirm that it is safe or not safe. There are far too many unanswered questions.
Comment by Patsy on 1 August 2009:
I just received a call from an Attorney’s Office (not sure of name). Since I have lost my sense of smell and taste since using Zicam, they asked me if I had any product left or receipts from purchasing it. I said no. I have since found 4-receipts.
I do not have the phone # to call you back. If you see this message, please call me back.
Comment by Joan on 24 September 2009:
I have lost my sense of smell and taste and did not understand why? I am a nurse and tried to medically attribute it to sinus issues but have since discovered that I do not have a sinus problem. I have used the swabs/spray and have samples that I have bought. Not sure what to do now?
Comment by freedom on 28 October 2009:
Hi I am a snowboarder I tryed zicam last season in california because people were sick around me I used them about 6 different times its been about 6 months since then and my sence of smell sucks I can’t smell certen things my friends can smell I would like to have a attorny contact me if possiable I have unused zicams also the used product but I do not have receits
Comment by david on 5 November 2009:
used zicam in winter of 2007 in spring 2007 i found i lost my sense of smell i consulted ent and neurologist who refred me to mri there was no findings only recently i found there is possible connection to zicam
Comment by Diane on 15 January 2010:
I had a cold in July, 2005. I usually lose my sense of smell when I have a cold so I didn’t think much about it when I did. My doctor’s records state that my first complaint of anosmia was August 16, 2005. My sense of taste and smell never came back and before the cold, it was excellent. I used the Zicam Gel for 3 days and did the damage. I did not relate the connection until I saw the recall in June of 2009. I have no receipt or product for proof, only my doctor’s record of my complaint. I am so angry and feel so helpless. What can I do?