Litigation

Chesley Files Federal Zicam Lawsuits

CINCINNATI — Stanley M. Chesley from the Cincinnati-based law firm of Waite, Schneider, Bayless & Chesley Co. L.P.A. on March 3 filed federal lawsuits in Ohio and Kentucky against Matrixx Initiatives, the manufacturer of Zicam, on behalf of four local residents who allegedly lost their senses of taste and smell after using the popular 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. (No. 10-cv-000125, S.D. Ohio) and Hartman v. Matrixx Initiatives, Inc., et al. (No. 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.