Zicam, in various formulations, has been marketed for years in retail stores and on the Internet as a homeopathic remedy for the common cold. Yet Zicam has repeatedly been the target of regulatory scrutiny. For instance, in 2009 the FDA advised consumers to discontinue use of several Zicam non-prescription nasal sprays because of the risk that it was causing anosmia, a loss of the sense of smell that was potentially permanent. Matrixx Initiatives, Zicam’s Scottsdale-based maker, recalled the products and reportedly settled over 300 cases by consumers who were injured.
Earlier this summer, Matrixx again became the subject of regulatory action when the FDA issued a warning letter advising that the formulations Zicam Cold Remedy RapidMelts with Vitamin C and Echinacea and its Zicam Cold Remedy RapidMelts with Vitamin C, were being inappropriately sold without approval as homeopathic remedies when they contained Vitamin C, which is not a homeopathic ingredient. FDA said that these Zicam tablets were not approved because under the regulations the inclusion of Vitamin C made the products new drugs, and that those new drugs were being sold to reduce the severity of the common cold, when existing data does not support the claim that Vitamin C is safe and effective for the treatment of colds or cold symptoms.
Since the issuance of the FDA warning letter, Zicam’s website is still "under construction." It is not known whether Zicam is going to recall the tablets or reissue them with a new label.
If you purchased either of the Zicam RapidMelt products containing with Vitamin C based on the advertising promises that they were a homeopathic remedy for the common cold, you may have been a victim of consumer fraud. Please contact us to discuss your legal options.