Zicam's link to acute toxicity, the death of olfactory epithelium cells (or loss of smell) results in a diminution or loss of quality of life. Consumers who have been injured by Zicam Cold Remedy Nasal Gel & Swabs are wondering why the company failed to warn them – especially after a 2003 medical study reported the link between Zicam products and the loss of smell, the manufacturer settled a similar lawsuit for $12 million in 2006 and ABC covered the story nationally in 2007.

Loss of quality of life

Florida Zicam attorney Doug Kreis says that consumers who have been injured by Zicam products have a diminished quality of life when they lose their sense of smell, sense of taste and in some cases – a loss of employment. He told us, “People lose their appetite, sense of taste – and in one instance specific to one of our clients who is a chef by trade, and who was part of the original $12 million settlement in January of 2006, a loss of wages and employment.”

$12M Zicam settlement

Kreis says that this client was part of the aggregation of cases in Arizona that led to a $12 million settlement in which the average plaintiff settlement was approximately $35,000 – something that many injured Zicam users don't know about. “This particular person relied on his sense of taste and smell in his industry, and so his losses were quite significant and were not only simply of a personal nature, but also economically related. There was an ABC story that had aired in 2007 after the settlement was announced, but the labeling of the products didn't significantly change after that either.”

Products should have been taken off market

Kreis's firm argues that the products should have been taken off the market or should have had a label that is consistent with a black box warning – which is a very clear and obvious warning in large, bold print that warns folks of this possible permanent side effect. He explained:

The problem that consumers have in instances like this where they’re buying an over-the-counter product is that the Dietary Supplemental Health and Education Act of 1994 is different than the act that regulates drugs and medical devices.

Pharmaceuticals and medical devices go through a rigorous approval process by which manufacturers are required to provide all of their evidence supporting the efficacy of their product and their testing of the product on animals, and in some instances on humans, to identify known risks and to create a risk profile of the product.

With over-the-counter products, the negotiation process with the U.S. Food & Drug Administration (FDA) is more lax. The amount of regulatory authority that the FDA has over OTC (over-the-counter) product manufacturers is less, and so it puts consumers at greater risk. That’s one of the problems as to why manufacturers are allowed to sit on their hands and why we’ve come to this point in the Zicam story.

Jacek study

Kreis maintains that Zicam manufacturers knew about these issues at least back in 2003 when Dr. Jacek reported this effect from the introduction of zinc to the olfactory epithelium and the death of the epithelium which appeared to be permanent. He said:

This obviously correlates with the ingredients insertion into Zicam’s products and therefore, we think there may be some punitive conduct. Certainly after the 2006 settlement, they should have taken the product off the market, but did not. We think there is some punitive conduct by virtue of them keeping the product on the market with really the same ingredients.

If you've been injured due to Zicam products, you can have a free case evaluation to determine whether you may have a case against the manufacturer.