Parker Waichman LLP

Zicam Warning Attracts SEC Attention

Zicam maker Matrixx Initiatives Inc. said that it has received an informal inquiry from the Securities Exchange Commission (SEC) over last week’s Food & Drug Administration (FDA) warning on several Zicam nasal cold remedies. Matrixx shares plummeted a whopping 70% the day of the FDA warning. Last week, the FDA said it had received 130 […]

Zicam maker Matrixx Initiatives Inc. said that it has received an informal inquiry from the Securities Exchange Commission (SEC) over last week’s Food & Drug Administration (FDA) warning on several Zicam nasal cold remedies. Matrixx shares plummeted a whopping 70% the day of the FDA warning.

Last week, the FDA said it had received 130 reports of anosmia – loss of sense of smell – in people who had used three Zicam nasal remedies. Following the FDA alert, Matrixx Initiatives recalled two of the products – Zicam Cold Remedy Nasal Gel and Zicam Cold Remedy Swabs. The company had already withdrawn Zicam Cold Remedy Swabs, Kids Size, the third product named by the FDA.

In a letter to Matrixx, the FDA had warned the firm that the products cannot be marketed without agency approval. The warning letter also stated that the three Zicam nasal remedies did not include adequate warnings about the risk of loss of sense of smell.

During a conference call to announce the Zicam alert, the FDA also said Matrixx Initiatives had received an additional 800 anosmia reports it hadn’t made available to the agency. Those reports were discovered by the FDA during a routine inspection in May, and the agency said that under a 2007 regulation, Matrixx should have forwarded them to the FDA.

Zicam is Matrixx’s most popular product line, and accounts for about 40% of its sales. In addition to the nasal remedies named in the FDA warning, the company also markets melting tablet and liquid forms of Zicam which were not included in the warning.

The recall could cost Matrixx as much as $10 million. The day of the FDA warning, Matrixx shares closed at $5.78, compared with $19.24 at its close the day before, The Wall Street Journal said.

According to The Wall Street Journal, the SEC has asked Matrixx to provide documents and information relating to the FDA warning. On Tuesday, the company said it didn’t know what the SEC was looking into but would cooperate fully, the Journal said.

According to a Reuters report, Matrixx began formally notifying retailers, wholesalers and distributors of the Zicam recall today. However, Matrixx continues to say that it “vigorously disagrees” with the FDA over charges that the Zicam products were illegally marketed. The company also claims it was not required to report the additional 800 Zicam side effect complaints to the agency.

Despite its insistence that Zicam nasal remedies are safe, this is not the first time the products have caused problems for Matrixx. As we reported previously, in 2006 the company reached a settlement with 300 Zicam users who claimed the remedies had caused them to lose the sense of smell.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
We are very thankful to Parker Waichman for their expert guidance in our legal matter. We worked primarily with Benita Rollis who was extremely professional, supportive and always available to answer our questions and assist us in any way she could. We had a positive outcome and could not have done it without Benita and this firm helping us every step of the way!!!
janet adkins
a year ago
5 Star Reviews 150
I am very grateful to the Waichman LLP law firm for all their help throughout the process. In my case, they were very kind, especially my friend Jorge Peniche, who was very attentive to my case. I am more satisfied with the final decision in my case. Thank you very much.
Silverwolf Romano
a year ago
5 Star Reviews 150
This law firm is awesome. Alex and Cathy did there thing. As long as I been with them I still don't know Cathy's name. They were NEVER to busy. The young ladies in the front lobby very nice. When they would see me they knew my name. That's how I knew I had the right law firm. Thank you for easing my mind.
yolanda keitt
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038