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A Zicam class action lawsuit over false advertising claims has drawn to a close after a California federal judge granted final approval to a $16 million settlement.
The Zicam class action lawsuit was lodged by consumers who claimed that the company’s marketing statements that the over-the-counter homeopathic medication could shorten the common cold or prevent it entirely were false and misleading.
The Class Members in the Zicam class action lawsuit included consumers around the U.S. who bought any of the following Zicam products: Ultra Crystals, RapidMelts Ultra, Zicam RapidMelts Original, Lozenges Ultra, Liqui-Lozenges, Medicated Fruit Drops and Chewables, and Oral Mist.
Impacted Class Members are those consumers who bought these items between February 2011 and June 2018.
According to the Zicam class action lawsuit, more than 25 million of these products were sold across the country.
The Zicam class action lawsuit was first brought in January 2014 by lead plaintiff Yesenia Melgar. Melgar argued that defendants Zicam LLC and Matrixx Initiatives Inc. falsely represented the benefits of the homeopathic medicine.
The lead plaintiff took the most issue with advertising statements that the medicine was “clinically proven” to cut down the time period of the common cold, as well as the claims that it reduced the severity of the cold.
The Class Members in the Zicam class action lawsuit were certified by the judge in March 2016. The first request for the judge to review the settlement and provide preliminary approval occurred in May 2018.
Melgar had previously told the company that she had evidence on her side to show that the OTC meds were nothing but placebos.
The plaintiff says that she had reviewed insights from academic research, experts, and discovery that occurred previously in the case to come to the conclusion that the claims made about the drugs were false and misleading.
However, the plaintiff also acknowledged the high risk of going to trial, which ultimately led the involved parties to consider settlement. The settlement deal in the Zicam class action does not require that either one of the defendants admit to any wrongdoing.
“Plaintiff believes that she could prove to a jury that the Zicam Products are mere placebos,” the motion for final approval said. “That belief is based on the testimony of plaintiff’s experts, the academic literature, and the discovery taken in this action. But plaintiff also understands that proceeding to trial poses serious risks. Such considerations have been found to weigh heavily in favor of settlement.”
False ad claims have previously been filed against Matrixx, when the FDA told the company in June 2011 that their marketing of two Zicam products without express agency approval was a problem.
A warning letter was sent to the manufacturer at that time since the involved products, the RapidMelts with Vitamin C and Echinacea and RapidMelts with Vitamin C, were marketing in violation of federal laws.
The deadline to file a claim for the Zicam effectiveness class action settlement passed on Oct. 3, 2018.
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The Class is represented by Scott A. Bursor, L. Timothy Fisher and Thomas A. Reyda of Bursor & Fisher PA.
The Zicam Cold Remedy Class Action Lawsuit is Melgar v. Zicam, et al., Case No. 2:14-cv-00160, in the U.S. District Court for the Eastern District of California.
UPDATE: On Oct. 28, 2019, Top Class Actions viewers started receiving checks from the Zicam cold remedy class action settlement worth as much as $172.30. Congratulations to everyone who filed a claim and got PAID!
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165 thoughts on$16M Zicam Cold Remedy Class Action Settlement Granted Final OK
$91.55 in MA. today.
Got my check today $56.77
anyone still waiting on theirs my son didn’t get his yet? thanks!
Is your son in the same household as you?
If so, it’s one claim per household.
Maybe they caught it?
Can anyone tell me if these checks are good or not we got ome in the mail yesterday and want to make sure before we cash it
They are legit checks
U just need to deposit it and ur set
Some? in the mail?
As in more than one?
91.55 n TN 10/29/19
91.98 in NYS yesterday.
The product has worked for me on more than one occasion. Maybe it depends on your immune system and the type of bug it is.
Got mines Cali $92.09
I got my $73 check today.
got my check today for $90.92 today