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Zicam Cold Remedy False Advertising Class Action Lawsuit Overview:
- Who: A federal judge tossed a class action lodged against Church & Dwight Co. Inc.
- Why: Consumers claimed that Zicam LLC and Matrixx Initiatives Inc, companies both acquired by Church & Dwight, falsely advertised cold medicines shortening the illness, but the judge ruled that the allegations came up short.
- Where: The class action lawsuit is pending in California federal court.
A Zicam false advertising class action lawsuit against Church & Dwight Co. Inc., which acquired Zicam LLC and Matrixx Initiatives Inc in 2020, was tossed by a federal judge.
The lawsuit claimed Church & Dwight engaged in fraudulent, unfair, deceptive and misleading advertising relating to several of its Zicam cold remedy products.
Plaintiff Venus Yamasaki alleged that each of the challenged products is advertised and marketed as “clinically proven to shorten colds.”
Yamasaki alleged that she purchased Zicam Nasal Spray from a California drugstore in approximately 2019.
She contended in her lawsuit that, despite Zicam’s labeling claims, the products have not been clinically proven to impact the duration of the common cold and that there is not adequate scientific evidence to support this assertion. She also alleges that recent studies indicate that over-the-counter cold remedies that contain zinc do not actually shorten the duration of the common cold.
Based on these allegations, the plaintiff brought causes of action for violations of California’s Unfair Competition Law (“UCL”), False Advertising Law (“FAL”) and Consumer Legal Remedies Act (“CLRA”), as well as for breach of warranty. She also sought to represent a class of California consumers for seven different Zicam products.
Zicam Class Action Dismissed But Claims May Resurface
In the motion to dismiss, US District Judge Haywood S. Gilliam Jr. said Yamasaki cannot sue over products she did not purchase that contain zinc because they are not similar enough to the products in her suit that contain zinc.
For the two remaining Zicam products in the complaint, Gilliam said the words “clinically
proven” do not imply to consumers that there is a scientific consensus about the efficacy of the defendant’s products and that the studies on which the defendant relied “had uncertain results regarding the ability of zinc to shorten the duration of the common cold.”
Additionally, the Zicam class action lawsuit alleged the defendant breached its warranties by failing to disclose the studies on which it relied.
“Plaintiff offers no authority for her contention that defendant has an affirmative duty to disclose such information or that the failure to do so is tantamount to a breach of warranty,” the dismissal states.
Any amended complaint must be filed within 30 days of the date of this order. If the plaintiff wishes to amend the complaint to add other named plaintiffs, she must do so within this timeframe.
In 2018, Zicam faced a similar lawsuit 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. It settled for $16 million.
Have you purchased Zicam cold medicines? Do you believe they are falsely advertised as shortening colds? Let us know in the comments!
The plaintiffs are represented by Alex R. Straus, Rachel L. Soffin, Jonathan B. Cohen, Dan Bryson and Sarah Spangenburg of Milberg Coleman Bryson Phillips Grossman PLLC and Nick Suciu III of Barbat Mansour Suciu & Tomina PLLC.
The Zicam Cold Remedy Advertising Class Action Lawsuit is Yamasaki v. Zicam LLC, et al., Case No. 4:21-cv-02596, in the U.S. District Court for the Northern District of California.
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