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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
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
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.