Zicam Addicts (and Shareholders) Were Ripped-Off

By Kathy Kristof | Nov 9, 2009 |

When the Food and Drug Administration warned consumers to stop using Zicam nasal products last June, the company’s stock price plunged from $19 per share to less than $6 in a single day. Millions of avowed Zicam “addicts” were told to return the cold remedy to their pharmacy or dump it in the trash. Zicam’s parent company, Matrixx Initiatives, “voluntarily” took the product off the market.

Los Angeles lawyer C. Dana Hobart, who had been using Zicam for years, was skeptical about the reported dangers. The FDA had said that it had received 130 reports that the products could cause a loss of smell, but gave few other details when warning consumers against using it.

Hobart speculated that if the claims were credible, they’d likely lead to lawsuits. He decided to dig up the suits to see what evidence backed the ban on his favorite cold product. He wasn’t amused by what he found. The FDA’s warning that Zicam could lead to a loss of smell was based on “junk science” claims that were thrown out of court 10 times, he said.

In a story published in the National Law Journal, Hobart said that seven of the cases based their scientific evidence on the testimony of one witness, who had flip-flopped on whether or not the nose’s “smell receptors” could be even reached by Zicam’s nasal pump. In each case, the judges determined that this witness’ testimony was not credible enough to present to a jury. Experts in other cases also failed the credibility test, Hobart said. Zicam’s parent company, Matrixx, has never lost a product liability case. In fact, only one of these cases even made it to trial, and the makers of Zicam prevailed before a jury.

The FDA also claimed that “scientific literature” indicated that zinc salts can damage your sense of smell. But this literature was based on 1930s experiments and examined a different substance–zinc sulfate, not zinc gluconate, which is the active ingredient in Zicam, said Hobart, a partner at the Los Angeles law firm of Hennigan Bennett & Dorman.

So what was the FDA thinking? Spokeswoman Siobhan DeLancey said this was “not a ban or a recall.” It was an “early consumer warning.” These warnings don’t have the same level of proof as a law suit, she said.

DeLancey then sent a series of links including a transcript of a media call where Deb Autor, FDA Director of the Office of Compliance for Drug Evaluation and Research, told journalists that the agency “sent a warning letter” to Matrixx telling them “to stop marketing Zicam intranasal zinc products.” In addition, Autor said on the call that “Matrixx must provide the FDA with a plan for how it will remove existing inventory from the marketplace.”

This may be a semantic battle, but that sounds like a ban to me.

When I pressed DeLancey about the scientific research justifying the ban, she said the FDA had done a report, but it was not available to the public. I have asked them to reconsider and provide this scientific evidence so we can know why this popular product was pulled from the market. Stay tuned.

Meanwhile, the brouhaha has created a nagging problem for Matrixx shareholders, who continue to see their share prices languish in the $4 range. Matrixx recently reported that second quarter profits were off 38% from this time last year, largely as the result of losing the ability to market the nasal products that had accounted for more than half of the company’s sales a year ago.

The company is now facing litigation from its shareholders, who contend they shouldn’t have been blindsided by the FDA move. Hobart opines that the real frustration is that Matrixx shareholders can’t sue the FDA, which is shielded from most consumer litigation by virtue of its role as a government entity.

The FDA should be a vigilant watchdog of public safety, said Hobart, who has no connection to Matrixx other than using its products. But it shouldn’t scare consumers or ban a product until it has done its homework. Here, Hobart said, the agency pulled a product based on what one judge called “the never-never land of conjecture and wishful thinking.”

 
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  •  
    1

    FloydSchneider

    11/09/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Inventor of Zicam R Steven Davidson got his Excelsior College degree in 2004. Before this he used his Ph.D/MBA from the DIPLOMA mill "The American University of Asturias" (SPAIN)

    In one artical he claimed to have a degree from Columbia.
    Which he did not

    Here is Zicams inventor talking about his DIPLOMA mill degree. lol

    ----------------------------------------

    Davidson?s knack for business goes back to his days at American University in Asturias, Spain where he examined the European way of doing business. ?I wanted to understand how people in the rest of the world did business and how those cultures worked,? he said. ?It was very informal and it made me realize I wanted to start my own business instead of working for somebody else.?

    Growing up in a small family in New York, DAVIDSON felt he always had a knack for learning and science. With a police officer for a father and a mother involved in various businesses, DAVIDSON quickly learned the value of hard work and perseverance. ?I knew that you always had to try harder to get where you wanted to go,? he said.

    Business over medicine
    Although he had originally set his eyes on a medical degree, DAVIDSON was fascinated by the intricacies and challenges of business and eventually earned a master?s degree in business administration and a doctorate in biopharmaceutical studies.

    ?I really loved medicine, but I thought business was the best direction for me,? he said.
    Soon DAVIDSON established biotech startup Biotem Cytotechnologies and later formed Gel Tech LLC which eventually became Zengen where he developed Zicam.

    The following article was also published in the Orange County Register around the same time period.

    San Fernando Valley Business Journal, June 23, 2003 v8 i13 p16(1)
    His business acumen helps company in biotech world. (Best Companies in the Valley?A Special Report). (biotechnology company Zengen Inc.)(president R. Steven DAVIDSON)(Company Profile) Carlos Martinez.
    Full Text: COPYRIGHT 2003 CBJ, L.P.

    *****Article Begins*****

    His business acumen helps company in biotech world.

    R. Steven ?Rob? DAVIDSON always felt he was a problem solver. As president and CEO of Woodland Hills-based Zengen Inc., the 37-year-old DAVIDSON heads what is arguably one of the best financed startup biotechs in the Valley.

    DAVIDSON, who is the business brains behind the company, is the architect of the firm?s plan that relies on developing over the counter drugs to help fund ongoing research into the company?s proprietary peptide technology.

    Peptides are compounds derived from two or more amino acids combined. Amino acids are the chief components of proteins which are synthesized by living cells.

    It was just two years ago that Zengen sold off its interest in Zicam, an over-the-counter cold remedy and nose spray it developed, for $17 million which went toward ongoing research into peptides.
    ?It?s a strategy that?s managed to work well for us,? said DAVIDSON, who helped engineer the deal.
    DAVIDSON figured that since over-the-counter medicines have fewer regulatory issues than prescription-based pharmaceuticals, they could be developed and marketed quickly, giving the company needed revenue to fund research.

    Today, DAVIDSON hopes to strike gold again with over-the-counter eyedrops that the company is developing to further fund research efforts.

    Such funding strategy is unusual in an industry where research dollars are at a premium, said Brent Reinke, an attorney with Crosby Heafey Roach & May, who helps put together funding deals for biotechs.
    ?It?s not unheard of, but it?s a creative way of getting funding,? Reinke said.

    Davidson?s knack for business goes back to his days at American University in Asturias, Spain where he examined the European way of doing business. ?I wanted to understand how people in the rest of the world did business and how those cultures worked,? he said. ?It was very informal and it made me realize I wanted to start my own business instead of working for somebody else.?

    Growing up in a small family in New York, DAVIDSON felt he always had a knack for learning and science. With a police officer for a father and a mother involved in various businesses, DAVIDSON quickly learned the value of hard work and perseverance. ?I knew that you always had to try harder to get where you wanted to go,? he said.

    Business over medicine
    Although he had originally set his eyes on a medical degree, DAVIDSON was fascinated by the intricacies and challenges of business and eventually earned a master?s degree in business administration and a doctorate in biopharmaceutical studies.

    ?I really loved medicine, but I thought business was the best direction for me,? he said.
    Soon DAVIDSON established biotech startup Biotem Cytotechnologies and later formed Gel Tech LLC which eventually became Zengen where he developed Zicam.

    By joining with Dr. James Lipton, the creator of the peptide technology, DAVIDSON sought to show the biotech and investment communities that the peptide molecules would work in different anti-bacterial and anti-microbial technologies.

    ?We could do all kinds of great things, but we couldn?t afford to go for the big one,? DAVIDSON said.
    ?We went for a soft target ? so we went for the anti-microbial or a treatment for yeast infections.?
    So far; the peptide molecules are showing promise in treating yeast and other infections, including serving as a therapy for organ rejection.

    Davidson?s business strategy and appreciation for the technology isn?t lost on Lipton, who has been researching peptide molecules since 1966.

    ?He really has a remarkable business sense and dedication to the work,? Lipton said.
    Today, the company has established its subsidiary, Zensano, which develops over-the-counter medicines, to help fund research and. development for biotech products.

    With one unit developing over-the-counter products, a second developing products using peptide molecules, and a third unit developing drug delivery systems, DAVIDSON has created a self-sustaining biotech that is arguably the envy of other startups.

    As for his future, DAVIDSON hopes to push forward with Zengen?s cutting edge technology.
    ?Big companies never attracted me,? he said.
    ?Here, we?re doing a lot of different things so we?re not just a one trick pony. That?s exciting.?

    *****Article Ends*****

    Partial list of R. Steven Davidson?s Published Education Credentials (Listing 3 different Ph.Ds)

    All 5 excerpts are currently available on the web for reference. No need to read entire article. The key sentence is in bold print in order to make it easier to spot.

    1. Eat Carbs to Lose Fat
    Men?s Fitness Magazine April, 2001
    Written by: Steve Stiefel Photos by: David Roth/Stone

    http://web.archive.org/web/20030811052300/http://www.mensfitness.com/nutrition/24

    Excerpt:
    ?If you do the same workout every day, you?re going to plateau. It?s the same with your diet,? says R. Steven DAVIDSON, who holds a Ph.D. in biochemistry from Columbia University.

    (To my knowledge, no one has called Columbia University and checked whether DAVIDSON received a DIPLOMA. It would sure be interesting to confirm that he never studied there.)

    ==================================================

    TAKEN FROM MEN?S FITNESS MAGAZINE
    2. ?For helping the body overcome allergies, the only treatment I?m impressed with at all is allergy shots,? says R. Steven DAVIDSON, who has a doctorate in natural health sciences. ?When you receive an allergy shot, you?re generally given a small dose of the allergen itself, which helps your body develop an immune response to that substance. Allergy shots help to desensitize the body?s response to allergens, and this may be the only treatment? that truly works.?

    (To view entire article, please paste the entire link into your web browser)
    http://www.findarticles.com/cf_0/m1608/8_18/89389718/p3/article.jhtml?term=
    ===============================================

    TAKEN FROM MEN?S FITNESS MAGAZINE
    3. ?Save your high-carb meals for your off days,?confirms R. Steven DAVIDSON, who holds a doctorate in biochemistry. ?You?re loading up on long-term energy you?re going to use later on, not right away.? But remember that the point of the high-carb rotation system is to increase metabolic efficiency, not to allow you to binge on your favorite sweets once or twice a week.

    (To view entire article, please paste the entire link into your web browser)
    http://www.findarticles.com/cf_0/m1608/10_17/80309844/p2/article.jhtml?term=
    =================================================
    TAKEN FROM ZENGEN?S WEBSITE

    4. Dr. DAVIDSON received his MBA in International Finance and Ph.D. in Biopharmaceutical Project Management from the American University of Asturias, Spain and performed post graduate studies at Villanova University.
    DAVIDSON.htm' target='_blank'>http://web.archive.org/web/20030624041237/http://www.zengen.com/board_of_directors_DAVIDSON.htm

    The above page was recently removed from the Zengen website. http://www.zengen.com but can still be found at the web archive.

    The exact same exact bio was recently removed from patentdiscovery.com and from innozen.com, which are other businesses he is/was involved in.

    (A Ph.D. in Biopharmaceutical Project Management is at best, highly unusual)

    The American University of Asturias
    (The American University of Asturias was a DIPLOMA mill which was shut down by the Spanish government. It was denominated and shut down about 4 or 5 years ago for issuing illegal diplomas in Spain.) The Spanish government invalidated their diplomas. This can be verified by visiting several Spanish websites translated to English. These web pages still exist on the Internet.

    Until very recently, DAVIDSON openly publicized his American University of Astrurias Ph.D. DIPLOMA on his websites. Matrixx Initiatives still refers to R. Steven DAVIDSON contributions to the development of Zicam using the Ph.D. and MBA designations after his name.

    ==================================================
    TAKEN FROM MEN?S FITNESS MAGAZINE
    5. ?The most important way to affect your total cholesterol is through improving diet and incorporating appropriate exercise,? says R. Steven DAVIDSON, who has a doctorate in biochemistry. Even if you?re eating reasonably clean, you might be surprised at the effects a little more attention to diet can have on total cholesterol.

    (To view entire article, please paste the entire link into your web browser)
    http://www.findarticles.com/cf_0/m1608/9_17/80309796/p3/article.jhtml?term=

    OTHER CURRENT EXAMPLE OF DAVIDSON?S PUBLIC EFFORTS TO PUBLISH HIS FALSE EDUCATIONAL CREDENTIALS:

    http://chi.org/home/directory.php?pid=1&cid=2820&mode=2&mom=0

  •  
    2

    Kathy Kristof

    11/09/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hi, Floyd. Interesting, but what does it have to do with the
    ban?

  •  
    3

    JimfromHartford

    11/09/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I don't know who, if anyone, does the fact-checking for cbs moneywatch.com, but the main point of the FDA warning letter to Zicam was that it was violating the Food, Drug and Cosmetic Act by making unsubstantiated claims for its porduct without demonstrating its safety and efficacy. To quote the letter:

    "According to the labeling accompanying the Zicam Cold Remedy intranasal products, each of these products ?reduces? the ?duration of the common cold? and the ?severity of cold symptoms,? including specifically ?sore throat ? stuffy nose ?sneezing ? coughing ? congestion.? These claims make these products drugs, as defined by section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (the Act), 21 U.S.C. ? 321(g)(1), because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or to affect the structure or function of the body of man or other animals."

    See http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm166909.htm

    I don't know what sort of Objectivist philosophy the author of this article subscribes to that would lead her to believe that purveyors of "herbal," "homeopathic" and other "alternative" products should be able to make huge products selling their quack remedies to a gullible public without ever conducting replicable, falsifiable experimental research. Perhaps the manufacturers of thalidomide should be able to sue the FDA for the profits they lost in the 1950s by not being able to cause a wave of disfiguring birth defects in this country as happened under the more lax regulatory system then prevailing in Europe.

  •  
    4

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Come on, Jim. You know as well as I do that Zicam had been
    sold as a homeopathic remedy for some time. And, its
    effectiveness was not in question here. The FDA banned it
    because of these unsubstantiated loss of smell claims. I want
    the FDA to monitor drugs and eliminate the ones that are
    dangerous. But they didn't meet the burden of proof here.

  •  
    5

    nid138

    11/10/09 | Report as spam

    Nid

    As bad as the FDA's actions/policies are here, what about the Company? It appears that MTXX mgmnt has simply rolled over versus vigorously challenging the FDA's findings and position. Am I missing something that prohibits or limits the company's opportunity for recourse or at least to protect its shareholder's investments?

  •  
    6

    hummelfam@...

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Great article. I think you would find additional support if you checked with Dr. Feuihle who told me years ago about the tests his doctor friend (who I believe specialized in infectious diseases) had done on the many cold remedies - super C, airborne, z-cam etc. Dr. Feuihle, who carried the nasal z-cam in his pocket, told me it was the only product his friend had found really shortened the length of a cold. Dr. Feuihle not only recommended it, he gave me specific recommendations on dosage (which were higher than those recommended on the box). I followed his directive and have had maybe one or two colds/flus in the last five years or more (can't remember how long I have been using z-cam - heh maybe it effects memory too!)
    I want my z-cam back! And I would like it if the FDA did their job (actually investigate claims- consult with some doctors who have researched the product) instead of taking the easy, lazy approach (just banning a product) to addressing consumer complaints.

  •  
    7

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    That's a good question, Nid. I asked the company for an
    update, but they said they couldn't currently provide
    anything outside of their previous SEC filings, that said little
    about the FDA action other than that they would sell their
    oral cold remedies; and that the FDA move had caused them
    to write down assets, cancel their line of credit and lose a
    significant amount of sales.
    I'm not sure that there's any benefit for the company in
    getting into a public battle with the FDA. But it would sure be
    nice to know whether there's some behind-the-scenes effort
    to get conclusive scientific research on the whole loss-of-
    smell issue. What about it, Matrixx?

    Meanwhile, I also want to the see the FDA's research
    showing that the product is dangerous.

    What amazes me is I was at the LATimes when David Willman
    wrote a series of Pulitzer Prize winning stories about the FDA
    approving drugs that had been linked to hundreds of deaths,
    which I see as being somewhat more serious than a loss of
    smell (even though the FDA here said it could be highly
    dangerous because you couldn't smell a gas leak....These
    people will have to carry a canary everywhere they go!). I
    wonder is this the agency going overboard in the other
    direction? Only showing the scientific research they have
    indicating Zicam's dangers can say. What about it, FDA?

  •  
    8

    nid138

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Color me a conspiracy theorist for asking, but do you wonder about the actions of a Fed Agency against a company whose primary Pitchman is probably the most outspoken and widely heard critic of the current Administration?

  •  
    9

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I didn't, until now....but I'm also ignorant on the pitches. I was
    sold on Zicam by friends and family, who used it religiously. Who
    pitches Zicam's products?

  •  
    10

    nid138

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Rush Limbaugh is their Pitchman...and loyal customer.

  •  
    11

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Egads. More to ask the FDA....

  •  
    12

    DaveBUNDRICK

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    This really is messed up... we've been using mostly otc & natural products for our illnesses & try to stay away from prescription drugs whenever possible, not to mention overall cost & benefits.
    Zicam is one such product we do use & luckily there are more of their other products on the shelves... if the FDA wants to regulate such 'dangerous' products, why wait for a few more complaints to show up, even though nothing was proven in the courts against the product maker?
    Sometimes, one has to wonder what the heck is really going on here... there are drugs out there that folks are actually dying from (prescriptions, of course) & here we have an otc one that a few claimed a loss of smell (how truthful, who really knows) & the rest of the consumers/population have to go without a couple of useful cold products that were effective for so many yrs now??

    Disgusting!!

  •  
    13

    JimfromHartford

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Three points:

    First, the burden of proof in tort litigation is on the plaintiffs. The burden of proof in FDA regulatory proceedings to show safety and efficacy is on the manufacturer. That a researcher noting that patients were presenting with side effects and working with a small sample size could not satisfy a court that the association amounted to causation under the Supreme Court's Daubert standard is hardly surprising. It does not mean that the product has been proven safe. Matrixx reportedly has paid about $12 million in settling loss-of-smell claims to date and the other manufacturer of intrasal zinc compound products against whom the researcher mentioned in the Hobart article, Dr. Bruce Jafek, testified, Quigley Corp., has voluntarily discontinued production of the intranasal product. Concluding that the failure of a civil litigant to meet its burden of proof means that the product manufacturer could meet its burden of proving safety and efficacy is hardly logical. "Proof" of this product's safety or efficacy is highly disputed. (Incidentally, the article by Jafek and his colleagues cites studies making claims for both sides of the argument. See (http://www.george-eby-research.com/anosmia/jafek-zicam-anosmia.pdf.)
    Second, homeopathic preparations in general do not present safety issues because they are extremely diluted. (So diluted, in fact, that the evidence-based medicine community questions whether they can ever be effective because of the statistical likelihood that a typical dose will not contain any active ingredient at all.) Zicam intranasal products, on the other hand, had significant concentrations of zinc gluconase. In reporting on the FDA action last June, Bloomberg's reporting on Matrixx's exploitation of the homeopathic medicine loophole in the Food, Drug and Cosmetics Act noted that the company's claim its intranasal products qualify as "homeopathic" is, at least, questionable:
    "Zicam?s recall has raised concerns among homeopathic industry officials. According to [Homeopathic Pharmacopeia Congress of the United States spokeswoman Mary] Borneman, the Zicam nasal products, because the medicine is inserted into the nose rather than taken orally, doesn?t meet the guidelines of the homeopathic congress. Applying zinc in the nose hasn?t been tested by the industry group, she said." See (http://www.bloomberg.com/apps/news?pid=20601109&sid=aUjZT68DlqiI
    Third, on October 30, Matrixx filed an 8-K in which it noted that the FDA is not backing down and that the U.S. Court of Appeals for the Ninth Circuit has reinstated a shareholder class action alleging that the company failed to disclose consumer complaints and its knowledge of the University of Colorado study linking Zicam intranasal products to loss of smell until after reports surfaced in the news media. See (http://securities.stanford.edu/1033/MTXX04_01/20091028_o01o_0615677.pdf.

  •  
    14

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hey, Jim. Jafek is the expert whose testimony seven judges
    rejected, some of them with sarcastic asides about the
    nature of his research.
    I am not a scientist, nor attorney. But as a reasonable
    person, I'd say that the government needs to have some
    proof of cause and effect before doing great harm to a
    company and its customers. If the FDA had warned Matrixx
    that it planned to regulate Zicam as a drug, rather than a
    homeopathic remedy, and gave it some time to respond, I'd
    have no gripe here. That's not what they did. They ripped
    the product from the shelves in one sweeping motion and
    have yet to provide the scientific evidence to show why. If
    the internal scientific research is compelling, again I have no
    gripe here. But they need to show it.

  •  
    15

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Thanks for your comments, Dave and Hummelfam. The
    interesting thing about "anosmia" (or loss of smell) is that the
    most common cause appears to be the common cold, which is
    what Zicam treats. So is it the Zicam or the cold? The other
    thing that I was not able to get details on is whether the loss
    of smell that consumers were complaining about was
    temporary or permanent. Naturally, a permanent problem is
    far more compelling than a temporary one. But the FDA did
    not say what percentage of these complaints indicated that
    the loss of smell was lasting or fleeting.

  •  
    16

    DaveBUNDRICK

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    If you're giving links to help your above posting, why aren't a single one working?
    Also, a few complaints don't equal every users such as me & my family (some friends & co-workers, as well).
    Do I know anyone who has had a complaint for using those items in question? No, but I'm sure maybe somewhere else someone could just as well have an issue related to the products & not say anything (knowing or unknowing)... what I find disgusting is that we're into the cold season & some of us can't find these items to buy because we chose & want to use it, not because someone else said this or that.
    It had worked & that is why we keep using them... if it didn't, we'd look elsewhere, but to have a few cry foul & subject everyone else to go without them is very vexing.

  •  
    17

    Kathy Kristof

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    The FDA's move also gave fuel to product liability attorneys,
    who are advertising for clients like here (and I hope this link
    works) http://www.blogcatalog.com/search.frame.php?
    term=zicam+side+effects&id=59e119886dfdcf901c4dd301e5b844
    d5
    If there's evidence that Zicam is today's Pinto, I'm all for that.
    But I'm anxious to see that evidence.

  •  
    18

    FloydSchneider

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    ZICAM CLINICAL TRIALS ATTACKED BY CHICKEN WITH LIPS. JACK GWALTNEY WAS ON MTXX OWN BLUE RIBBON PANEL

    HERE IS A LINK TO THE STOCY. ALL SHOULD READ
    http://www.sootoday.com/content/news/full_story.asp?StoryNumber=26363

  •  
    19

    FloydSchneider

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Looks like Matrixx lost in the 9th Cir. Court of Appeals. My name is mentioned in some of the quoted text.

    http://www.ca9.uscourts.gov/datastore/opinions/2009/10/28/06-15677.pdf

  •  
    20

    DaveBUNDRICK

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Apologies there... was referring to Jim's 3 links.
    Anyways, it is really unbelievable how this is turning out the way it has (not just complaints from the few, but also the FDA's overkill reaction to them)... digging a little into the past, it may seem there's more to this overreaction by the FDA than meets the eye.
    Btw, look at the company's stock decline since this whole mess began anew & you have to feel sorry for those investors who were buying shares in the stock at around $15-20 (yikes)... makes some of us think twice about ever putting our cash into this market again (pathetic).

  •  
    21

    JimfromHartford

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

  •  
    22

    CalAttorney

    11/10/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    The posted arguments in favor of banning Zicam seem more
    motivated to keep litigation alive than to confronting the fact
    that the Zicam-anosmia link just isn?t there. The decisions
    involving Zicam are filled with examples rejecting such a link
    as well as a plethora of other explanations for the plaintiffs?
    claims ? like inhaling a cloud of Armor All ( O?Hanlon v.
    Matrixx), chronic sinusitis (Bruno v. Matrixx), or being a
    malingerer (Sutherland v. Matrixx).

    Moreover, those who take comfort in the recent Ninth Circuit
    decision should note that the class period of the securities
    class action that the Ninth Circuit just reinstated ended on
    February 6, 2004 ? before all of the anosmia cases were
    thrown out. The Ninth Circuit decision focuses heavily on Dr.
    Jafek?s conclusions (opinions which have been uniformly
    rejected in subsequent cases) and the potential for future
    claims (not a single one of which survived close judicial
    scrutiny).

    Hence, Matrixx?s statement at the time that allegations of a
    link between Zicam and anosmia were ?completely unfounded
    and misleading? was and remains true. And, while the ruling
    will unfortunately subject Matrixx to costly discovery, the
    decision was based on a motion to dismiss in which the legal
    standard is to view the allegations of the complaint in the
    light most favorable to the plaintiffs.

  •  
    23

    Kathy Kristof

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hey, Floyd. We should probably note here that the 9th circuit
    decision allows a shareholder suit to go forward. It has nothing
    to do with the safety of Zicam.

  •  
    24

    FloydSchneider

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    There have been three clinical studies involving Zicam.

    HIRT STUDY:

    The first was the by Hirt, et al. that was published in October 2000. It involved only 213 people, and only 108 of those received treatment with Zicam. There was no serology performed to determine (a) whether the study subjects even had colds, or (b) whether any colds they had were from rhinovirus. And while the study concluded that Zicam reduced the length and severity of colds symptoms, we are still left with a fundamental design flaw. Even assuming for the sake of argument that the Zicam helped, we are left with the question of WHAT it helped. We don?t know whether ANY of the subjects even had a cold, as opposed to something else. And we don?t know whether any of them had a cold from rhinovirus.

    TURNER STUDY:

    The study by Turner, with was published in December 2001, corrected the serious design flaw in the Hirt study by first INFECTING the subjects with rhinovirus and then confirming through virology which subjects had a rhinovirus-caused cold. Rhinovirus was confirmed in 69 study subjects, with 32 of them receiving Zicam. The study concluded that ?there was no effect of intranasal zinc treatment on rhinovirus infection,? and ?there was no significant effect of intranasal zinc treatment on rhinovirus-induced illness? [i.e. symptoms]. You will not notice this Gel Tech LLC-funded study mentioned anywhere in Zicam promotional materials or on the Zicam web site (at least not the last time I checked).

    MOSSAD STUDY

    The Mossad study, which was published in January 2003, involved only 78 patients who were included in the final analysis. Virological studies were done on these participants, which identified only ELEVEN members of the zinc group (i.e. the ones who got Zicam) who had rhinovirus-caused colds. Oddly enough, the analysis was NOT confined to the 27 individuals who actually had rhinovirus-caused colds (11 zinc and 16 placebo), but rather included all 78 participants (51 of whom had God only knows). Mossad concluded that Zicam reduced cold symptom duration from 6 days to 4.3 days and that it reduced the severity of symptoms. However, what relevance is there to symptom duration and severity in participants who didn?t have rhinovirus-caused colds? Again, you are left with the question of, even assuming Zicam helped, WHAT did it help?

    You have only these three studies done on Zicam. One of which concluded Zicam was essentially useless. The second of which had no idea WHAT the test subjects had. And the third which analyzed the data in a senseless manner?including those whom they KNEW didn?t have rhinovirus-caused colds.

    Therefore, based on the three studies available, even the fundamental efficacy of Zicam on colds remains in question.

    There have been two published articles on Zicam-induced anosmia. The first by Hirsch, et al. in October 2000 and the 2004 Jafek, et al. article. The first was a case report; the second was a case series. Moreover, there has been medical research since the 1930s that clearly documents the connection between intranasal zinc and anosmia.

    The total number of subjects with confirmed rhinovirus colds in both the Hirt and Mossad studies COMBINED is 27 (Hirt=0; Mossad=27). The total number of subjects with confirmed rhinovirus colds in the Turner study is 69. That is a ratio in favor of the Turner study of 2.55 to 1.

    In light of the Hirt ?no serology? problem and the Mossad ?fuzzy math? problem, comparing them to the Turner study is like comparing an 8th grade English composition to Tolstoy.

    Hopefully this has been a helpful review of the medical literature as it relates to Zicam.

  •  
    25

    Kathy Kristof

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Floyd, what I'd be interested in seeing is some scientific study
    that indicates that Zicam causes anosmia, or loss of smell. You
    can dicker all you like about whether the product is effective. A
    huge number of fans contend that it is. But, that's not the issue
    here.
    The issue here is whether it's dangerous. If it's dangerous, the
    FDA was right to pull it from the market. If it's not, the FDA just
    trashed a company for no good reason.

  •  
    26

    JimfromHartford

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Page 11 of the company's latest 10-Q filing (http://xml.10kwizard.com/filing_raw.php?repo=tenk&ipage=6590110#110) indicates that the company also received a Form 483 from the FDA this year. A large part of the Form 483 is devoted to a discussion of the company's inadequate handling of consumer complaints, including failures to follow its own internal procedures, and failures to pass on adverse drug reaction information to the FDA. http://www.fda.gov/downloads/AboutFDA/CentersOffices/ORA/ORAElectronicReadingRoom/UCM170136.pdf

    Perhaps someone else posting to this thread has sufficient knowledge of FDA inspection procedures to provide a meaningful comment on the relative seriousness of the issuance of such a Form and the problems asserted by the FDA investigator.

  •  
    27

    Kathy Kristof

    11/11/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hey, Jim. I was unable to get much in the way of detail
    indicating how normal or rare it was for the FDA to do what it
    had done here. My impression was that this move was rare.
    But each time there is a new administration, you have some
    changes in policy at a variety of government offices, so that
    may be more an indication of a trend than a one-company
    smack-down.
    Still, to me, the big issue is the science, or lack thereof.
    I've asked the FDA to provide the scientific report that they
    had prepared on Zicam's dangers. They've said it is not
    public, but I can submit a Freedom of Information Act
    Request to get it. I've asked them to reconsider, given the
    importance of the report to what they've done. But I will also
    submit the FOIA today.
    I am attempting to get this without that simply because FOIA
    requests are bureaucratic and slow. If that's the only option,
    that's what you do. But if you can get the information
    without the delay, that's better (naturally).

  •  
    28

    JimfromHartford

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Kathy-

    I appreciate your interest in doing the basic investigative work on this. I hadn't realized it when I made my earlier post, but the document on the FDA site is actually two reports -- the 2009 Form 483 and a 2005 Establishment Inspection Report. It's only speculation but, given the timing of the inspection that led to the 2009 Form 483 and the warning letter about three weeks later, I wonder whether the regulators consider burying adverse reaction reports, particularly when the problem had already surfaced in an earlier inspection, as a huge the-cover-up-is-worse-than-the-crime situation. Maybe you have a source who is close to the regulatory culture who can speak to that.

    I also thought it was interesting that the Consumer Safety Officer was told in 2005 there was an epidemiological study nearly complete on the issue whether the incidence of anosmia was in excess of background rates and requested data about its incidence among users of "non-zinc nasal allergy and cold products." Was the study eventually published -- is it one of those discussed in posts above? Was the other additional data generated? Burying unfavorable research results has been a major issue for Big Pharma (and, one assumes, for Big Herba -- a term I picked up on from a blog on another bnet site -- as well).

    As you can tell from my posts, I am much more skeptical of the alternative medicine industry than I am of the motives of the regulators. I come from the school of thought that believes that businesses should not be allowed to put products on the market for human consumption without affirmatively demonstrating safety and efficacy without regard to whether they are "natural," "herbal," "homeopathic" or were on the market prior to enactment of the Food, Drug and Cosmetics Act. Phenolphthalein and ephedrine were on the market for many years before they were adequately studied and withdrawn from over-the-counter products.

    As an aside, I suspect that, paradoxically, many of the people who fear flu shots (which undergo safety and efficacy testing) do not raise similar questions about taking OTC products that are exempt from this kind of testing. To compound the irony, one element of suspicion about flu shots is the Guillain-Barre scare in 1976. There was a link to the vaccine through adverse reaction reports, but there is substantial doubt about causation to this day.

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    29

    FloydSchneider

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    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Zicam-Induced Damage to Mouse and Human Nasal Tissue

    Received: July 25, 2009; Accepted: October 8, 2009; Published: October 30, 2009

    http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0007647

    Open Access
    Research Article
    Zicam-Induced Damage to Mouse and Human Nasal Tissue
    Intranasal medications are used to treat various nasal disorders. However, their effects on olfaction remain unknown. Zicam (zinc gluconate; Matrixx Initiatives, Inc), a homeopathic substance marketed to alleviate cold symptoms, has been implicated in olfactory dysfunction. Here, we investigated Zicam and several common intranasal agents for their effects on olfactory function. Zicam was the only substance that showed significant cytotoxicity in both mouse and human nasal tissue. Specifically, Zicam-treated mice had disrupted sensitivity of olfactory sensory neurons to odorant stimulation and were unable to detect novel odorants in behavioral testing. These findings were long-term as no recovery of function was observed after two months. Finally, human nasal explants treated with Zicam displayed significantly elevated extracellular lactate dehydrogenase levels compared to saline-treated controls, suggesting severe necrosis that was confirmed on histology. Our results demonstrate that Zicam use could irreversibly damage mouse and human nasal tissue and may lead to significant smell dysfunction.

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    Abstract
    Introduction
    Results
    Discussion
    Materials and Methods
    Supporting Information
    Acknowledgments
    Author Contributions
    References
    Jae H. Lim1, Greg E. Davis1, Zhenshan Wang2, Vicky Li2, Yuping Wu2, Tessa C. Rue3, Daniel R. Storm2*
    1 Department of Otolaryngology-Head and Neck Surgery, University of Washington, Seattle, Washington, United States of America, 2 Department of Pharmacology, University of Washington, Seattle, Washington, United States of America, 3 Department of Biostatistics, University of Washington, Seattle, Washington, United States of America
    Abstract Top
    Intranasal medications are used to treat various nasal disorders. However, their effects on olfaction remain unknown. Zicam (zinc gluconate; Matrixx Initiatives, Inc), a homeopathic substance marketed to alleviate cold symptoms, has been implicated in olfactory dysfunction. Here, we investigated Zicam and several common intranasal agents for their effects on olfactory function. Zicam was the only substance that showed significant cytotoxicity in both mouse and human nasal tissue. Specifically, Zicam-treated mice had disrupted sensitivity of olfactory sensory neurons to odorant stimulation and were unable to detect novel odorants in behavioral testing. These findings were long-term as no recovery of function was observed after two months. Finally, human nasal explants treated with Zicam displayed significantly elevated extracellular lactate dehydrogenase levels compared to saline-treated controls, suggesting severe necrosis that was confirmed on histology. Our results demonstrate that Zicam use could irreversibly damage mouse and human nasal tissue and may lead to significant smell dysfunction.
    Citation: Lim JH, Davis GE, Wang Z, Li V, Wu Y, et al. (2009) Zicam-Induced Damage to Mouse and Human Nasal Tissue. PLoS ONE 4(10): e7647. doi:10.1371/journal.pone.0007647
    Editor: Hiroaki Matsunami, Duke Unviersity, United States of America
    Received: July 25, 2009; Accepted: October 8, 2009; Published: October 30, 2009
    Copyright: ? 2009 Lim et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
    Funding: This work was supported by grants from the National Institutes of Health to: J.H.L (2T32DC000018-26) G.E.D (1KL2RR025015-02), and D.R.S(DC04156). The funders had no role in study design, data collection and analysis, decision to publish, or preparation of the manuscript.
    Competing interests: The authors have declared that no competing interests exist.
    * E-mail: dstorm@u.washington.edu
    Introduction Top
    As one of the five senses, the ability to smell plays a crucial role in defining the quality of life. Indeed, loss of sense of smell or anosmia can have detrimental consequences as our ability to detect and process noxious chemosensory stimuli is impaired [1]?[3]. For instance, failure to detect smoke from a house fire while asleep is one such life-threatening situation. Because the sense of smell is intimately linked to gustatory function, smell dysfunction can negatively impact our sense of taste [4], [5]. Hence, even a small loss or alteration of smell can significantly disrupt one's quality of life. Nonetheless, the etiology and mechanism underlying the development of olfactory dysfunction is unclear.
    One possible cause for the development of smell dysfunction is the use of various intranasal medications. Numerous intranasal drugs are available to treat various nasal disorders, including sinusitis, allergic rhinitis and nasal congestion. Although the safety and efficacy of the majority of these agents are well known, their effects on olfaction are not established. Moreover, some intranasal agents classified as ?homeopathic? are marketed to treat common nasal disorders such as symptoms associated with the common cold. These agents are gaining popularity with consumers despite the lack of scientific data on their safety and efficacy [6]. Given the importance of the sense of smell in an individual's quality of life, the effects of various intranasal drugs ? both conventional and ?homeopathic? on olfaction need to be determined.
    In this study, we examined the short-term and long-term effects of several commonly used intranasal agents using mouse and organotypic cultures from human nasal tissue. Specifically, we tested saline, Afrin (Schering-Plough, Kenilworth, NJ), Nasacort (Sanofi-Aventis, Bridgewater, NJ), lidocaine (Hospira, Inc., Lake Forest, IL) and epinephrine (Hospira, Inc., Lake Forest, IL), which are frequently utilized by physicians to treat various nasal disorders. Additionally, we tested one of the ?homeopathic?, zinc-based intranasal agents, Zicam (Matrixx Initiatives, Inc., Phoenix, AZ) as it has been previously implicated in smell dysfunction [7], [8]. We used a combination of electrophysiological, biochemical and behavioral assays to determine whether application of these intranasal preparations leads to the development of nasal dysfunction.
    Results Top
    Odorant-induced activity of mouse olfactory sensory neurons following intranasal agent administration
    To determine the effects of various intranasal agents on the functional properties of olfactory sensory neurons (OSN), we performed electro-olfactogram (EOG) analysis on mouse main olfactory epithelium (MOE) 3 and 9 days after intranasal administration of either saline, Afrin, Nasacort, epinephrine, lidocaine or Zicam. Following odorant stimulation, the activation of OSN in vitro was observed in all animal groups except for those treated with Zicam (Figure 1a,b). Specifically, Zicam-treated MOE failed to elicit any measurable response from the OSN following odorant stimulation. We also consistently observed atrophic MOE in Zicam-treated animals as compared to the animals treated with other intranasal agents (Figure S1,S2).

    Figure 1. Odorant detection defects in the MOE of Zicam-treated mice.
    (a) Odorant-stimulated EOG responses from mice treated with either saline, Afrin, epinephrine, lidocaine, Nasacort or Zicam, 3 and 9 days following intranasal administration. Red arrowhead indicates the time at which the odorant was delivered to the MOE. (b) Summary of the mean EOG amplitudes in response to odorants on day 3 and 9 following intranasal agent administration. Only Zicam-treated MOE failed to elicit odorant-stimulated EOG response (n = 5 for all groups).
    doi:10.1371/journal.pone.0007647.g001
    AC3, ?-tubulin and OMP expression following intranasal agent administration
    We also examined the MOE for the expression of several proteins expressed in OSN. In all MOE examined, except those treated with Zicam, immunofluorescence staining demonstrated robust expression of AC3 (adenylyl cyclase 3) in the olfactory cilia, neural-specific ?-tubulin and OMP (olfactory marker protein) in the cell bodies and processes of OSN (Figure 2a). Zicam-treated MOE showed significant reductions in the expression of above biochemical markers. Specifically, 9 days after Zicam treatment, there was an 86% reduction in AC3 signal intensity (p<0.01; Figure 2b), and 95% decrease in both ?-tubulin (p<0.005; Figure 2c) and OMP (p<0.005; Figure 2d) immunopositive cells compared to the saline-treated MOE. The intensity of AC3 immunofluorescence signal and the number of immunopositive ?-tubulin and OMP cells were not statistically significant in MOE treated with either Afrin, Nasacort, lidocaine or epinephrine compared to the saline administered group (Figure. 2b,c,d)

    Figure 2. Expression of AC3, ?-tubulin and OMP following various intranasal agent administrations.
    (a) Immunofluorescence of mouse MOE stained with antibodies specific for AC3, ?-tubulin, and OMP. Hoechst counterstain is shown in blue. Scale bar, 10 ?m for AC3; 20 ?m for ?-tubulin and OMP. (b) Analysis of AC3 immunofluorescence signal intensity in MOE (Afrin, Epinephrine, Lidocaine, Nasacort, Zicam, *p = 0.006; n = 4 for all groups). (c) Analysis of ?-tubulin immunopositive cells in MOE (Afrin, Epinephrine, Lidocaine, Nasacort, Zicam; *p = 0.003; n = 4 for all groups). (d) Analysis of OMP immunopositive cells in MOE (Afrin, Epinephrine, Lidocaine, Nasacort, Zicam, *p = 0.002; n = 4 for all groups). All tested groups were normalized to saline-treated controls.
    doi:10.1371/journal.pone.0007647.g002
    Long-term suppression of odorant-induced activity of OSN by Zicam treatment
    Given that MOE maintains regenerative capacity following injury [9], [10], we investigated the possibility of functional recovery in the MOE following Zicam treatment. We performed EOG recordings 31 and 65 days after intranasal administration of Zicam in mice. Odorant stimulation failed to elicit any response from the OSN at either of these time points (Figure. 3b,c,e,f). Again, we observed significant atrophy of the MOE in all Zicam-treated mice, and often had difficulty capturing the baseline electrical signal (Figure 3a,d; Figure S2). Furthermore, we examined the expression of AC3, ?-tubulin and OMP by immunofluorescence. We observed significant reductions in the expression of these markers on days 31 and 65 following Zicam administration (Figure 3g,h,i). Specifically, the intensity of the AC3 signal was reduced 96% and 71% in Zicam-treated MOE on days 31 and 65, respectively, as compared to the saline-treated MOE (Figure 3h). In addition, Zicam-treated MOE showed 87% and 67% reductions in ?-tubulin and OMP immunopositive cells on day 31, respectively, as compared to the saline-treated MOE (Figure 3i). Finally, on day 65 following Zicam treatment, we observed 87% and 83% reductions in ?-tubulin and OMP immunopositive cells, respectively (Figure 3i), as compared to the saline-treated controls. The data collectively indicate a remarkable damage to the olfactory epithelium and a significant loss of regenerative capacity in Zicam-treated mice.

    Figure 3. Long-term odorant detection defects in the MOE of Zicam-treated mice.
    (a) Appearance of MOE on day 31 in saline or Zicam-treated mice. Black arrowheads depict significant atrophy in endoturbinates of Zicam-treated MOE. (b) Odorant-stimulated EOG responses from saline or Zicam-treated mice, 31 days following intranasal administration. Red arrowhead indicates the time at which the odorant was delivered to the MOE. (c) Summary of the mean EOG amplitudes in response to odorants on day 31 in saline or Zicam-treated mice. Zicam-treated MOE failed to elicit odorant-stimulated EOG response (n = 4, saline; n = 5, Zicam). (d) Appearance of MOE 65 days after intranasal administration of either saline or Zicam. (e) Odorant-stimulated EOG responses from mice treated with either saline or Zicam, 65 days following intranasal administration. (f) Summary of the mean EOG amplitudes in response to odorants 65 days following either saline or Zicam treatment (n = 5 for all groups). (g) Immunofluorescence of mouse MOE stained with antibodies specific for AC3, ?-tubulin, and OMP 31 and 65 days after saline or Zicam treatment. Hoechst counterstain is shown in blue. Scale bar, 10 ?m for AC3; 20 ?m for ?-tubulin and OMP. (h) Analysis of AC3 immunofluorescence signal intensity in MOE of Zicam-treated mice normalized to saline-treated controls (p = 0.05, day 31; p<0.005, day 65; n = 4 for all groups). (i) Analysis of ?-tubulin (p<0.05, day 31; p<0.0005, day 65) and OMP (p<0.01, day 31; p<0.05, day 65) immunopositive cells in the MOE treated with Zicam normalized to saline-treated controls (n = 4 for all groups).
    doi:10.1371/journal.pone.0007647.g003
    Deficits in olfaction following Zicam treatment
    Although our EOG findings demonstrated the lack of odorant-stimulated electrophysiological response in Zicam-treated MOE, it is nonetheless an in vitro preparation and requires further validation. Therefore, we performed the olfactory habituation assay to detect potential behavioral deficits in olfaction in Zicam-treated mice. Mice failed to recognize novel odorants approximately 1 week after bilateral intranasal administration of Zicam (Figure 4a). Similar behavioral phenotype was again observed approximately 2 months following Zicam administration, suggesting the lack of recovery of function (Figure 4b). These mice behaved in similar manner to anosmic AC3?/? mice [11].

    Figure 4. Olfactory behavior deficits in Zicam-treated mice.
    (a) Olfactory habituation assay 7?10 days following saline or Zicam intranasal treatment. The comparison of the ratio of the number of times the mouse sniffed an odorant-soaked cotton swab to the number of times it sniffed a water-soaked cotton swab on initial exposure is an indication of the ability of the animal to detect a specific substance. Cotton swabs were laced with 50 ?l of citralva (10 ?m), heptanone (50 ?m) or mouse male urine (50-fold dilution). Significant differences are noted for the ability of Zicam-treated (n = 8) and saline-treated mice (n = 8) to detect citralva (p<0.05), heptanone (p<0.01) and male urine (p<0.05). (b) Olfactory habituation assay 70?80 days following saline or Zicam intranasal treatment. Again, significant differences are observed for the ability of Zicam-treated (n = 8) and saline-treated mice (n = 8) to detect citralva (p<0.0005), heptanone (p<0.005) and male urine (p<0.0005).
    doi:10.1371/journal.pone.0007647.g004
    Elevated release of lactate dehydrogenase (LDH) levels in human nasal explants following Zicam application
    Our experiments in mice indicated the likelihood of developing significant olfactory dysfunction following Zicam treatment. Because a mouse study alone cannot adequately predict the biological effects of intranasal agents on human nasal tissue, we established an organotypic tissue culture system with human nasal explants (Figure 5a). Eight subjects met inclusion criteria. These subjects represent a wide spectrum of pathologic diseases and pre-operative olfactory function (Table 1).

    Figure 5. LDH elevation in Zicam-treated human nasal explants.
    (a) Organotypic tissue culture system setup for human nasal explants. Black arrow depicts newly harvested human middle turbinate tissue. (b) Graphical overview of the LDH assay. (c) Analysis of relative LDH levels from human nasal explants treated with either saline, Afrin, lidocaine, Nasacort, epinephrine or Zicam from various nasal regions over 5 days. LDH levels for each group are normalized to the control growth medium. (d) Summary of mean LDH levels from lidocaine, Zicam (day 2, *p<0.02; day 3,**p<0.002; day 4, **p<0.002), epinephrine, Nasacort and Afrin-treated human nasal explants normalized to saline-treated controls. All LDH levels other than the Zicam day 2, 3 and 4 did not reach statistical significance.
    doi:10.1371/journal.pone.0007647.g005

    Table 1. Characteristics of Human Subjects.
    doi:10.1371/journal.pone.0007647.t001
    We measured extracellular LDH levels following application of various intranasal agents directly onto the human nasal explants as a measure of cellular damage (Figure 5b). The results demonstrated a rapid and significant elevation of LDH levels within the first few days of Zicam application when compared to the LDH released in the saline control group (Figure 5c,d). Even after adjusting for multiple comparisons, of all the intranasal agents tested, only the Zicam treated nasal tissue showed statistically significant elevated LDH levels compared to saline control (Figure 5d). The finding was consistent in all nasal anatomic regions tested (i.e., superior nasal septum, middle turbinate and inferior turbinate). In contrast, human nasal explants treated with all other intranasal agents showed rapid reduction in LDH level followed by stabilization suggesting little or no cytotoxicity on the nasal tissue (Figure 5c,d).
    Zicam mediated cytotoxicity in human nasal explants
    The elevation in extracellular LDH levels following Zicam treatment suggested cell death mediated by necrosis. Histological evaluation of Zicam-treated human nasal tissue indeed confirmed the presence of significant necrosis with the destruction of olfactory epithelium and subepithelial structures (Figure 6a,b; Figure S3). In contrast, nasal explants treated with other intranasal agents showed overall healthy morphology with little histological evidence of cytotoxicity (Figure 6b). Overall, cellular damage to human nasal tissue induced by Zicam was severe and was observed in every tissue that we examined for this study (Figure S3).

    Figure 6. Cellular necrosis in Zicam-treated human nasal explants.
    (a) Hematoxylin and eosin (H&E) stained human nasal explants from superior nasal septum following saline or Zicam application. (b) H&E stained human nasal explants from various nasal regions treated with either saline, lidocaine, Afrin, epinephrine, Nasacort or Zicam. Black arrows depict dead epithelial cells. Red arrows indicate basal surface of the remaining epithelium. Note the infiltration of inflammatory cells and severe necrosis in Zicam treated-nasal explants.
    doi:10.1371/journal.pone.0007647.g006
    Discussion Top
    The present study demonstrated that Zicam treatment to both mouse and human nasal tissue induced significant cellular damage. In contrast, treatment with either saline, Afrin, Nasacort, lidocaine and epinephrine did not cause statistically significant tissue damage or olfactory dysfunction. The cytotoxic effects of Zicam were especially profound in the olfactory neuroepithelium. The resultant death of olfactory sensory neurons (OSN) in the MOE contributed to a long-lasting and apparently irreversible olfactory dysfunction in the mouse. Despite the ability of MOE to replace injured OSN via differentiation of stem cells, we found no evidence of functional recovery after two months. In fact, histological analysis of the mouse MOE about two months after Zicam treatment showed complete or near-complete loss of the epithelium and submucosa (Figure S2). In addition, significant necrosis of the epithelial and subepithelial structures occurred in human nasal explants following Zicam application. Thus, the loss of stem cells is feasible and could explain the lack of recovery of olfactory function in our mouse model. Collectively, the data illustrate that Zicam treatment can damage mouse and human nasal tissue with resultant loss of olfaction.
    Our findings contradict a previous report on the effects of intranasal treatment of Zicam in mice [12]. The study showed that intranasal administrations with smaller volumes (i.e., 2 ?l or 8 ?l) of Zicam did not significantly compromise the integrity of olfactory epithelium and olfactory function. However, we find several caveats in their methodology and interpretation of the data. First, it is difficult to inject small volumes (<10 ?l) of intranasal agents in unanesthetized mice, even if they are restrained. Based on our experiences with intranasal dye injections, such small volumes did not distribute thoroughly in the MOE, and sometimes missed the MOE entirely. Therefore, we performed slow, controlled intranasal injections in anesthetized mice with a targeted volume of about 15 ?l that consistently distributed throughout the MOE. Since our study aimed to determine the role of various intranasal agents on olfaction, such a technique is necessary in order to ensure the effective delivery of the agents to the MOE. While this may reflect a higher dosage (i.e., based on nasal cavity volume alone) than that recommended for human use, it is difficult to determine the effects of intranasal agents on olfaction if smaller volumes are used in an in vivo mouse model system. Furthermore, we used the same volume for all other intranasal agents (i.e., saline, Afrin, Nasacort, lidocaine and epinephrine), and none of these drugs showed any significant signs of cytotoxicity to either mouse or human nasal tissue, confirming their safety profile.
    Second, Slotnick and colleagues utilized anterograde tracing with wheat germ agglutinin horseradish peroxidase to determine the integrity of olfactory epithelium [12]. They suggested that despite the noticeable injury to the olfactory epithelium following Zicam treatment, the effects are transient and that recovery of olfaction is possible. However, the study failed to show any statistical analysis of their findings and lacked direct evidence of functional recovery at the level of olfactory epithelium. Notably, the observation that disruption of olfactory circuitry occurred with Zicam treatment (even with lower doses) in the mouse model should be worrisome because human OSN occupies a much smaller area in the nasal cavity than mice OSN [13]. Therefore, the risk of developing smell dysfunction could be significant if Zicam contacts the olfactory neuroepithelium in the human nasal cavity. Although most studies have focused on the effects of Zicam on olfactory neuroepithelium, and hence smell dysfunction, we emphasize that the cytotoxic effects of Zicam encompass a wider region of the nasal tissue. These include many subepithelial structures such as mucous glands, capillary networks and trigeminal nerve fibers. While these components do not directly contribute to smell dysfunction, they are critical to maintaining healthy nasal function [14], [15]. Presently, the long-term consequences of damage to these subepithelial structures are unknown.
    Many studies have demonstrated the cytotoxic effects of zinc cation on various cell types, including cultured cortical neurons [16]?[20], neuronal PC12 cells [21] and olfactory epithelium [22]?[25]. The mechanism underlying zinc-mediated cell death appears to be oxidative necrosis [16], [21]. As demonstrated in our study, human nasal explants undergo rapid necrosis as evidenced by elevated extracellular LDH levels within first few days of treatment with Zicam (Figure 5,6). We have also performed the TUNEL (terminal dUTP nick-end labeling) assay with mouse MOE and did not find much apoptosis following Zicam administration (data not shown). Therefore, necrosis is likely to be the key mechanism underlying Zicam-mediated cell death in the nasal tissue.
    The regenerative capacity of MOE will depend on the extent of necrosis. While our study showed a high degree of cellular damage into deep tissue layers of MOE, variability in clinical presentation (i.e., severity and recovery) is possible given the variable anatomy of the human nasal cavity. Indeed, published case reports indicate varying outcomes of smell dysfunction associated with Zicam use [7], [8]. Similar variations in experimental outcomes of olfactory dysfunction are also shown in animals treated with zinc sulfate [25]. The recurring theme from these studies is that various zinc-based solutions, including Zicam (at the concentration currently being marketed) are cytotoxic. Interestingly, the cytotoxic effect of Zicam on cultured human nasal tissue appears to be independent of patient disease or anatomic location, and specific to Zicam treatment. The human nasal tissues utilized in our study represent patients with varied degree of olfactory dysfunction (Table 1). The elevation of LDH and necrosis of nasal tissue was evident in all examined tissues. This finding has critical importance to hyposmic patients because Zicam use in this group could put them at a higher risk for developing anosmia than a normosmic person. Lastly, the efficacy of Zicam in treating common cold symptoms remains controversial [26], [27]. Although the adverse effects may be transient for some, the unpredictable nature of its use by the public, together with the current and previous findings [7], [8], [26] indicate that the risks of zinc-based therapy far outweigh any benefits that it may offer.
    In this paper, we demonstrated the effects of several commonly used intranasal agents on olfaction using mouse and human nasal tissue. Our study is the most comprehensive examination, to date, of the role that intranasal medications have on short-term and long-term olfactory function. Intranasal administration of Zicam, unlike other tested agents, resulted in significant cytotoxicity to both mouse and human nasal tissue. This is a concerning finding given the potential development of long-lasting, and perhaps irreversible smell dysfunction. Because Zicam was previously classified as a homeopathic substance, it was not required to undergo stringent safety or efficacy evaluation as other conventional drugs. However, the Food and Drug Administration (FDA) recently issued a public health advisory cautioning against the use of some Zicam cold remedy nasal products. The FDA also issued a warning letter to the manufacturers of Zicam reclassifying these products as ?drugs? that would require additional safety and efficacy testing to continue to market these products. The potential health risks of intranasal Zicam use demonstrated in our study stresses the need for stringent oversight of homeopathic remedies to protect the public from potentially unknown and dangerous side effects.
    Materials and Methods Top
    Animals
    Adult male C57BL/6 mice (Charles River, Wilmington, MA) were used for all experiments. All work with animals was approved by the University of Washington Institutional Animal Care and Use Committee.
    Human subjects
    Human subjects were recruited as a consecutive sample from a rhinology clinic at a tertiary medical center. Written consent was obtained from all subjects donating the nasal tissue. Inclusion criteria included any patient over age 18 already scheduled for an endoscopic nasal procedure. Patients were excluded if they had a history of blood borne pathogens. The recruitment of patients and the study protocol was approved by the Institutional Review Board at the University of Washington (#35031).
    Intranasal agent administration
    For EOG and biochemical studies, about 15 ?l of above intranasal agents were delivered slowly into the right nasal cavity of an adult mouse using a blunted 27-gauge needle. For behavioral testing, about 15 ?l of intranasal agent was administered into both nasal cavities using the blunted 27-gauge needle. Animals were sedated with intraperitoneal administration of 80 mg/kg ketamine and 8 mg/kg xylazine prior to intranasal delivery of various agents.
    Electro-olfactogram (EOG)
    EOG recordings from the MOE were performed as described previously [11]. Briefly, the olfactory endoturbinate was exposed by dissecting the mouse head through the septum. The recordings were performed with an agar- and saline-filled glass microelectrode in contact with apical surface of the MOE in the open circuit configuration. Odorant solutions were puffed onto the exposed epithelium for 1 second, followed by a stream of moisturized oxygen. Traces were captured and digitized using a Digidata 1200 A (Molecular Devices, Union City, CA). The traces were low-filtered at 30 Hz and sampled at 100 Hz. Multiple regions were sampled, but EOG recordings from two separate regions of endoturbinate 1 were used for the analysis. Odorants tested were isoamyl acetate (100 ?m, diluted in mineral oil) and citralva (50 ?m, diluted in mineral oil), vanillin (100 ?m, diluted in dH2O), mineral oil and dH2O.
    Odorant habituation assay
    The odorant habituation assay of adult male mice was performed as described previously [28]. The data are presented as a ratio of the number of sniffs an animal took when the odorant-laced cotton swab was first introduced to the number of sniffs observed when the water-laced swab was first introduced. Male mice urine was stored at ?80C until use. All chemical odorants and male mouse urine were diluted in water.
    Tissue processing
    Mouse MOE and human nasal tissues were immersed in 4% paraformaldehyde overnight at 4C, followed by cryoprotection in 30% sucrose overnight at 4C. Mouse MOE was decalcified in 0.5 M EGTA at 4C for 3?4 days prior to cryoprotection with 30% sucrose. The tissue was subsequently embedded in OCT (Sakura Finetek USA, Inc., Torrance, CA), frozen at ?20C, cryosectioned at 30 ?M and mounted onto slides.
    Immunofluorescence confocal microscopy and analysis
    Immunofluorescence was performed as described before with the following modifications [11]. AC3 (Santa Cruz Biotechnology Inc., Santa Cruz, CA), OMP (Dako, Carpinteria, CA), and ?-tubulin (Promega, Madison, WI) were used at 1:500, 1:5,000, and 1:2,000 dilutions, respectively. Images were taken with Zeiss confocal microscope using either 20x or 63x objectives. AC3 immunofluorescence intensity density was measured using ImageJ software (NIH, Bethesda, MD). OMP and ?-tubulin immunopositive cells were manually counted using ImageJ software in 200 ?m?200 ?m region. Four animals were analyzed for each intranasal agent. Both AC3 immunofluorescence intensity density, OMP and ?-tubulin immunopositive cell numbers were normalized to saline-treated group.
    Hematoxylin and Eosin (H+E) staining
    The tissues were processed as above and air dried for 30 minutes before staining in hematoxylin and eosin (Surgipath Medical Industries, Inc, Richmond, IL) for 1 min each. Tissues were then dehydrated in ascending series of ethanol, cleared in xylene and coverslipped with DPX (Fluka, Milwaukee, WI) and visualized with light microscope.
    Human nasal tissue biopsy
    Subject disease severity was assessed with several instruments including a sinus CT scan (evaluated with Lund-Mackay staging system; LM CT) [29], nasal endoscopy and the Sino-Nasal Outcomes Test (SNOT-20) [30]. Subjects also took the University of Pennsylvania Smell Identification Test (UPSIT; Sensonics, Inc., Haddon Heights, NJ) preoperatively to assess their olfactory function. The human nasal tissue was collected during each subjects' surgery while under general anesthesia. We collected various nasal tissues from the middle turbinate, inferior turbinate or superior nasal septum based on the planned operation. The harvested nasal tissue was immediately processed as below for establishing an organotypic tissue culture system.
    Human nasal explants culture
    The biopsied nasal explants were removed of any tissue debris or blood, and divided into small pieces (approximately 2?4 mm?2?4 mm?1?2 mm) using a 15-blade scalpel and a fine forcep under a dissecting scope. It was then placed on 0.4 ?m polytetrafluoroethane (PTFE) membrane (Millicell-CM; Millipore, Cork, Ireland) immersed in 1.7 ml of culture medium consisting of 50% Dulbecco's Modified Eagle Medium High Glucose (Invitrogen, Carlsbad, CA); 25% Hank solution (Invitrogen, Carlsbad, CA); 50 U/mL penicillin G and 40 ?g/mL streptomycin (Invitrogen, Carlsbad, CA) in a 60?15 mm tissue culture dish (Corning, Corning, NY). The tissue was placed on the membrane such that epithelial side was exposed to the air, and placed in humidified incubator at 37?C with 5% CO2. The culture media was changed every day.
    Lactate dehydrogenase (LDH) assay
    LDH assay was performed with CytoTox 96 Non-Radioactive Cytotoxicity Assay Kit (Promega, Madison, WI) with the following modifications. On the day of the assay, 50 ?l of culture medium was removed and added to 50 ?l of ?substrate mix?. Following 30 minute incubation at room temperature, the reaction was stopped with 50 ?l of ?stop solution?. Absorbance at 490 nm was obtained with Epx Precision Microplate Reader (Molecular Devices, Sunnyvale, CA). For measuring LDH levels in the human nasal explants, we stabilized the nasal tissue in the cultured environment for approximately 48 hours. We then measured the baseline LDH levels, and applied 2 ?l of either 0.9% saline, Afrin (Schering-Plough HealthCare Products, Inc., Kenilworth, NJ), Nasacort (Sanofi-Aventis, Bridgewater, NJ), lidocaine (Hospira, Inc., Lake Forest, IL), 1:100,000 epinephrine (diluted with 0.9% saline; Hospira, Inc., Lake Forest, IL) or Zicam (Matrixx Initiatives, Inc., Phoenix, AZ) directly onto the tissue. The levels of LDH were again measured 24 hours later. We repeated the addition of the intranasal agent and LDH measurement for five days.
    Statistical analysis
    Data are reported as mean +/? S.E.M. We performed statistical analyses using the two-tailed Student t-test. Statistical significance was defined as P<0.05. For the human tissue analysis, a power calculation was performed that showed a sample size of three would give 80% power to detect a significant difference (based on two pilot samples that showed a large effect size). We used linear mixed regression modeling to account for the repeated measures of the LDH assays on successive days for each tissue sample. To account for multiple comparisons, we used Bonferroni adjusted P-values to determine statistical significance (P = 0.05/25 = 0.002 for significance).
    Supporting Information Top
    Figure S1.
    Gross appearance of mouse MOE 9 days after various intranasal agent administrations. Note the atrophy of MOE in Zicam-treated mouse. Black arrowheads indicate atrophic endoturbinates.
    (3.15 MB TIF)
    Figure S2.
    Damage to mouse olfactory epithelium following Zicam treatment at various time points. H&E staining of mouse MOE depicting a significant loss of epithelium and submucosal damage 9 days after intranasal administration of Zicam as compared to saline treatment. Much greater damages to the epithelium and submucosal structure are observed without evidence of regeneration 31 and 35 days after intranasal administration of Zicam. Black arrows indicate damaged and remnants of MOE with fibrosis (e.g., days 31 and 65) in Zicam-treated mice. Scale bar, 100 ?m.
    (2.94 MB TIF)
    Figure S3.
    Cell death in human nasal explants following Zicam treatment from various regions of nasal cavity. H&E staining is shown. (a) Subject 1, inferior turbinate. (b) Subject 2, middle turbinate. (c) Subject 3, superior nasal septum. (d) Subject 4, middle turbinate.
    (2.87 MB TIF)
    Acknowledgments Top
    We thank Carolyn Bea for excellent technical assistance. We also thank the Storm laboratory for critical reading of this manuscript.
    Author Contributions Top
    Conceived and designed the experiments: JHL GED DRS. Performed the experiments: JHL ZW VL YW. Analyzed the data: JHL GED ZW TCR. Contributed reagents/materials/analysis tools: JHL GED DRS. Wrote the paper: JHL GED DRS.
    References Top
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    Jafek BW, Linschoten MR, Murrow BW (2004) Anosmia after intranasal zinc gluconate use. Am J Rhinol 18: 137?141. Find this article online
    Alexander TH, Davidson TM (2006) Intranasal zinc and anosmia: the zinc-induced anosmia syndrome. Laryngoscope 116: 217?220. Find this article online
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    Henion TR, Schwarting GA (2007) Patterning the developing and regenerating olfactory system. J Cell Physiol 210: 290?297. Find this article online
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    Slotnick B, Sanguino A, Husband S, Marquino G, Silberberg A (2007) Olfaction and olfactory epithelium in mice treated with zinc gluconate. Laryngoscope 117: 743?749. Find this article online
    Feron F, Perry C, McGrath JJ, Mackay-Sim A (1998) New techniques for biopsy and culture of human olfactory epithelial neurons. Arch Otolaryngol Head Neck Surg 124: 861?866. Find this article online
    Widdicombe JG (1986) The physiology of the nose. Clin Chest Med 7: 159?170. Find this article online
    Widdicombe J (1997) Microvascular anatomy of the nose. Allergy 52: 7?11. Find this article online
    Kim EY, Koh JY, Kim YH, Sohn S, Joe E, et al. (1999) Zn2+ entry produces oxidative neuronal necrosis in cortical cell cultures. Eur J Neurosci 11: 327?334. Find this article online
    Manev H, Kharlamov E, Uz T, Mason RP, Cagnoli CM (1997) Characterization of zinc-induced neuronal death in primary cultures of rat cerebellar granule cells. Exp Neurol 146: 171?178. Find this article online
    Sheline CT, Behrens MM, Choi DW (2000) Zinc-induced cortical neuronal death: contribution of energy failure attributable to loss of NAD(+) and inhibition of glycolysis. J Neurosci 20: 3139?3146. Find this article online
    Chen CJ, Liao SL (2003) Zinc toxicity on neonatal cortical neurons: involvement of glutathione chelation. J Neurochem 85: 443?453. Find this article online
    Capasso M, Jeng JM, Malavolta M, Mocchegiani E, Sensi SL (2005) Zinc dyshomeostasis: a key modulator of neuronal injury. J Alzheimers Dis 8: 93?108. Find this article online
    Pavlica S, Gaunitz F, Gebhardt R (2009) Comparative in vitro toxicity of seven zinc-salts towards neuronal PC12 cells. Toxicol In Vitro 23: 653?659. Find this article online
    Matulionis DH (1975) Ultrastructural study of mouse olfactory epithelium following destruction by ZnSO4 and its subsequent regeneration. Am J Anat 142: 67?89. Find this article online
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  •  
    30

    nid138

    11/11/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Interestingly, the brokerage ScottTrade has restricted shares of MTXX from online, opening transactions. Customers must call a ScottTrade Rep in order to place these trades. Any thoughts?

  •  
    31

    Kathy Kristof

    11/11/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Thanks, Jim. I'm an equal-opportunity skeptic.

  •  
    32

    CalAttorney

    11/11/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    The mouse study is interesting but, of course, the methodology
    in no way compares to the way in which Zicam is to be
    administered. Just about every expert (including those who
    testified for the plaintiffs) agrees that the nose's smell receptor,
    the olfactory neuroepithelium, is almost anatomically
    inaccessible. I am no scientist, but directly applying Zicam to a
    part of the body that it isn't supposed to reach may well cause
    harm. Just like squirting Zicam into your eye might harm your
    eye. You're just not supposed to do that.

  •  
    33

    JimfromHartford

    11/12/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    CalAttorney-

    I am no scientist, either, but here's an abstract of an animal study (which seems to have been done at the University of Massachusetts Medical Center, Worcester, MA) that investigated the effects on the olfactory neuroepithelium of an "oral preparation of zinc-gluconate trihydrate or ... the equivalent through drinking water" and found that damage correlated to the duration of treatment. Might not it be absorbed through the gut, mucosa in the mouth or elsewhere in the GI tract and then travel via the bloodstream to the olfactory neuroepithelium?

    Abstract:

    Background: The most frequent causes of upper respiratory infections are human rhinoviruses. The nasopharyngeal area, which includes the respiratory epithelium, mucosa, and the olfactory neuroepithelium (ONe), is a first-line of defense against airborne viruses and allergens, some of which manage to penetrate the nasal mucosa and invade the tissues of the nasal respiratory epithelium. Biochemical evidence from several studies suggests that zinc is an effective cold treatment and that over-the-counter (OTC) zinc-gluconate compounds may provide the high pharmacologic doses of zinc needed to act as an effective means of treating and reducing the duration and severity of symptoms of the common cold.

    Methods: A series of male Sprague-Dawley rats were fed an oral preparation of zinc-gluconate trihydrate or received the equivalent through drinking water to investigate the potential cytotoxic and/or neurotoxic insult to the olfactory receptor cells and other tissue in the ONe and afferent neuronal pathways.

    Results: Coronal sections of the rat ONe and corresponding olfactory bulbs showed consistent cellular and tissue damage of increasing severity that correlated with the duration of treatment with the zinc compound when compared with the control group animals.

    Conclusion: The results of this analysis indicate that the repeated oral administration of such zinc-containing compounds have neurotoxic effects on the ONe and to the mitral cells in the olfactory bulbs of treated rats. These findings point toward the need for increased investigation into the potential deleterious effects of zinc-containing compounds to humans as well.

  •  
    34

    CalAttorney

    11/13/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    So rather than try to rebut the inapplicability of the mouse
    study and it's failure to demonstrate a causal link between the
    nasal application of Zicam and anosmia, now you're going after
    the oral version of Zicam? Interesting. Next thing we'll hear is
    that the moon landings were staged . . . .

  •  
    35

    Kathy Kristof

    11/13/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Boys, I don't want to have to separate you two.

    FYI, I just heard back from the FDA and they're sticking to their
    demand that I submit a FOIA request to get their scientific
    research, which frankly strikes me as a dodge. It's what I see
    people do when they know that what they've got doesn't pass
    muster. I will submit the request, but please be patient. They
    tell me that there's a long line of people requesting the same
    thing. I wonder why....

  •  
    36

    JimfromHartford

    11/13/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    CalAttorney-

    If the "mouse study" you're referring to is the Lim, et al. article posted by FloydSchneider above, it was published only two weeks ago -- has it been cited in any litigation yet?

    I believe the moon landing was real, that President Obama was born in Honolulu and that human activity is causing significant climate change.

    I also believe that cigarette smoking significantly raises the risk of a number of different kinds of cancer including cancer of the lung (anatomically accessible to inhaled smoke) and the bladder (NOT anatomically accessible to cigarette smoke).

    As you are no doubt aware, proof of causation of individual cases of cancer under our rules of evidence made recovery of damages by plaintiffs in cigarette cases virtually impossible.

    On a macro level, however, pretty nearly everyone now accepts that the science supports the conclusion that cigarette smoking is a major health hazard that has caused millions of deaths and that public policy must be fashioned around this conclusion.

    A plaintiff with a claim involving a new product is stuck with the science as it exists when she brings her claim. If there isn't evidence admissible under the Daubert standard when the statute of limitations runs out there won't be any provable liability. It's an institutional limitation of our justice system. Believing that judges can find ultimate scientific facts is as naive as believing that judges don't make policy.

    But while the courts are bound by the current state of the science, the science isn't bound by the most recent evidentiary rulings of the courts. The existence of the association between products, behaviors, etc. and medical condition (and in many cases the treatment or cures of a condition) is often noted epidemiologically well before the mechanics of causation are understood. The FDA has to weigh the costs and the benefits for the entire population and the claimed social benefit of this product (which is hotly disputed by researchers) is as trivial as shortening the duration of cold symptoms and there is a reported association with an often permanent and severe impairment of taste and smell, they need to be wary of manufacturer's claims.

    This stuff isn't as big or as dramatic as Vioxx, but Merck voluntarily withdrew the product when the number of post-approval adverse events (and some very problematic research practices) came to light, but has generally been successful (outside Texas) defending individual claims on the grounds plaintiffs can't meet their burden on causation.

    Is it a good thing plaintiffs can't impose crushing liability where the science is slow to recognize associations and establish causation? Probably. Is it a good thing for regulators to apply the "precautionary principle" to drugs and to close the loopholes for homeopathic and herbal preparations? Certainly.

  •  
    37

    Kathy Kristof

    11/16/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Jim, I fully agree that the FDA should act promptly when
    there's some form of evidence that a product is dangerous.
    But this mouse study doesn't prove much of anything. First
    off, it was published after the FDA pulled Zicam. Secondly, it
    essentially sees whether a product can cause harm if it's not
    only misapplied, but applied in a way that appears (from the
    other research) to be anatomically impossible. I hate to
    sound like a broken record here, but I'd really like to see what
    danger the FDA had found that justifies pulling this popular
    product and sending this company's shares into a tailspin.

  •  
    38

    zicamvictim

    11/16/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    BTW I am a victim of Zicam. My sense of smell is still distorted from Zicam use in January 2009.

    Here is why Zicam was and should have been pulled from shelves!!! Matrixx was NOT reporting adverse reaction reports to the FDA, violating the Dietary Supplement and Nonprescription Drug Consumer Protection Act, which President Bush signed into law Dec. 22, 2006.

    Did Matrixx ( MTXX ) Commit Securities Fraud By Withholding Adverse Reaction Reports From the FDA?

    Matrixx Initiatives, Inc. (Nasdaq: MTXX), the makers of Zicam products, looks like it may have come close to violating the securities fraud statutes when it failed to provide the Food and Drug Administration (FDA) with more than 800 reports relating to the loss of sense of smell associated with the Zicam Cold Remedy intranasal products.

    According to the FDA, as of Dec. 2007, Matrixx was required to provide reports of adverse reactions to the agency per the Dietary Supplement and Nonprescription Drug Consumer Protection Act, which President Bush signed into law Dec. 22, 2006. The Act requires manufacturers, packers, or distributors whose name appears on a nonprescription drug or dietary supplement product label to notify FDA of any serious adverse event report associated with the product's use within 15 business days of receipt of such information. The industry was given a one-year grace period to begin to comply with the law.

    http://corpfraud.typepad.com/corporate_fraud_blog/2009/07/did-matrixx-mtxx-commit-securities-fraud-by-withholding-adverse-reaction-reports-from-the-fda.html

  •  
    39

    Kathy Kristof

    11/17/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hi, Zicamvictim. Thank you for your post. Can you tell me more
    about what happened with your loss of smell?

  •  
    40

    zicamvictim

    11/17/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I used the Zicam nasal gel. It burned my nose really bad for a few hours. A couple days after using Zicam. I starting to notice things have a strange metallic smell. It was bit scary. Most food especially hot or with artificial flavoring tasted really bad but i thought it would go away. It was then I started to notice smell sense of smell disappearing. I saw an Ear, Nose and Throat specialist just in case. She told me I could be in trouble as most Zicam victims she treated were diagnosed with anosmia (total loss of smell). It was horrible, I was afraid to go to sleep not knowing if I would be able to smell or taste the last thing in my life. It was by far the worst experience of my life. I had a CAT scan but she told me she thought it was the Zicam that damaged the nerves in my nose so she does not expect to find a tumor or anything. She was right. I called the taste and smell clinics
    and they told some people can see recovery for up to a year. I am lucky I have regained a lot of my smell but some things still taste and smell distorted and my smell is not as keen as it once was. I would not wish this on my worst enemy. After talking to victims and doctors I really realize how lucky I am. I was really happy to see it taken off the market! BTW I never had a cold when i took it or when I lost my smell because I know that is what the company claimed was the problem. Ironically a stuffy nose probably would have prevented the zicam from getting far up to the nerves in my nose. I am usually a skeptic myself when it comes to these sort of things, so I know where you are coming from. The whole experience was surreal. To all zicam victims reading this, I'm sorry I know what your going through.

  •  
    41

    Kathy Kristof

    11/17/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Thank you for telling your story. Sounds really miserable. I'm
    sorry but glad to hear you're regaining your sense of smell. Out of curiosity, though, why did you take Zicam if you didn't
    have a cold? Was this also the first time you'd ever used it? I
    don't mean to grill you. (My parents would tell you I'm
    naturally nosy.) Also, how did you find this ear, nose & throat
    specialist who had already treated Zicam cases? Are there far
    more of these than the 800 we've been led to believe? If it's
    only 800 cases around the country, it just seems hard to
    stumble on a specialist who has already treated someone for
    this. Naturally, if the cases are pervasive, we're dealing with
    a much more serious problem and something that the FDA
    would be completely right to ban in a big hurry.

  •  
    42

    zicamvictim

    11/18/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Thanks, Every time I noticed I could smell something new or it would smell like it should, it was a huge relief. Yes I only used it once! Crazy right? I purchased Zicam a few weeks before I used it. I have annual Superbowl party all my friends attend. I remember I was telecommuting the day i used it at home. The weather was bad I was afraid of getting sick for my party and saw it in my cabinet and thought why not? it cant hurt. Man, was I wrong. I asked the ENT the same question. She said sees someone about every 9 months. I was one of only 2 who did not lose their entire smell. I saw her every month for a while. i didn't know what else to do. One of her other patients with Anosmia from Zicam who lived near me asked her if I would like to get in touch. I agreed to give my contact information. This person had no sense of smell at all for over a year. This person was also in the military. They were going to lose their job people they could not smell smoke. I would guess this has effected a lot more people then you think. It's an extremely embarrassing injury and people are so distraught by it they are afraid to say anything. I didn't care. I told everyone. Because of the Daubert standard of scientific evidence, lawyers were not taking cases. Matrixx had a team of lawyers defending lawsuits knowing full well the plaintiffs would have a hard time proving causation. If a lawyer would take your case, little or none would work on a contingency basis. If you would like to contact victims with a similar experience to mine they are on a facebook group. Warning don't use Zicam! I am happy to answer questions! If I talk about it people seem to treat you like your complaining. I just don't want Zicam to hurt anyone else.

  •  
    43

    Kathy Kristof

    11/18/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Thanks, Zicamvictim. Please invite your Facebook friends to the
    blog. I'd love to hear more about your stories. As I have
    mentioned here, I'm tremendously frustrated by the lack of
    information coming out of the FDA.

  •  
    44

    iresfrank

    11/23/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I have used Zicam (nasal spray, swabs) for at least five years. I'm very susceptible to colds ... usually at first turn of autumn to Winter in November/December. Zicam used daily (3-4 swipes each day) would rid the nasal sniffly/sneezy type of cold within 36 hours EACH AND EVERY TIME.

    This product allowed me to return to work, be more productive, take less time off - and probably avoid a cold from turning into sinusitis or respiratory infection which is what used to happen to me every year before using ZICAM.

    THIS FDA ban is garbage. Now I must be miserable each time I get a cold. People will be forced to try and create their own batch of Zinc gluconate ... which is worse?

  •  
    45

    iresfrank

    11/23/09 | Report as spam

    Dumb Question - HOW MANY PEOPLE LOST THEIR SENSE OF SMELL?

    I'd like to know how many people ACTUALLY lost their sense of smell? I see only 3-5 mentioned on the FDA report. Just tell me how many? Nationally?

  •  
    46

    Kathy Kristof

    11/24/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Hi, Iresfrank. Zicam had some 800 complaints of loss of smell.
    But it sounds as if it was a temporary condition for at least
    some (if not most) of them.

  •  
    47

    iresfrank

    11/24/09 | Report as spam

    Doesn't everyone loose smell when they have a cold?

    My wife can't smell for beans on a normal day - Under a cold - she can't smell anything whatsoever. Would be interesting to note how many of the 800 could not smell due to their "cold" versus use of Zicam. I'm skeptical and think there is more to this (perhaps of a political nature) than the health concern alone.

    You are doing a wonderful job with this blog. I was very alarmed how quickly it was removed from stores. Reminds of the Primatense scandal - which eventually was brought back on the shelves.

  •  
    48

    Kathy Kristof

    11/24/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    When I told one of my friends--a Zicam fan-- that Zicam had
    been pulled, she thought it was an urban legend and
    immediately checked it out on Snopes. My kids' doctor swears
    by the stuff.
    The FDA is now saying that they can be strict on Zicam
    because all it does is help a temporary condition that would
    clear on its own. You could say the same thing about aspirin.

  •  
    49

    iresfrank

    11/25/09 | Report as spam

    Just Curious and Wondering...

    Is it possible there is a "Hidden Agenda" in all of this?

    If so, and assuming the FDA was prompted by some hidden agenda ... who would the beneficiary be of Zicam's Cold Remedy being pulled off the shelves?

    It is known after all, that certain FDA officials are on a very friendly basis with pharmaceutical companies like Merck, Pfizer, Astra-Zeneca, etc.

    I can't help but wonder given the cloak of secrecy what the ulterior motive is behind all of this.

  •  
    50

    Kathy Kristof

    11/25/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I hope not. The FDA's reluctance to provide their data does
    raise questions. But I honestly think that we'll find out is that
    they moved without any significant data on Zicam's dangers
    (which definitely seems irresponsible), but not with some hidden
    agenda to support a competitor. Then again, I could just be
    naive.

  •  
    51

    iresfrank

    11/26/09 | Report as spam

    The reason I mention this

    The reason I raised the issue is I distincty remember the Saccharim "cancer" scandal in the 70's early 80's. It was later revealed it was labeled that way due to political bickering between the founder of Saccharim (Sweet and Low) and political operatives.

  •  
    52

    zicamvictim

    11/30/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    This blog makes no sense.
    You need to focus on the FACTS!

    Fact: Zicam's competition in the zinc nasal spray market (Cold Eeze) pulled their product from the market in 2004. If they saw no risk, why?

    Fact: Zicam redesigned the nozzle on the nasal spray to squirt outwards. Also started promoting the swabs. Why?

    Fact: After redesigning the nozzle consumer complaints and lawsuits dropped DRAMATICALLY! Why?
    (did the cold virus all of the sudden become friendly and decide to rob less people of their sense of smell? I mean come on!)

    Fact: Matrixx is avoiding doing a study to prove Zicam is safe. Why? They claim cost? Please!

    The FDA is there for consumer protection. If there was scientific proof Zicam caused loss of smell the court system would have taken care of forcing Zicam off the market itself. The FDA is there to keep drugs that have evidence of being dangerous off the market! (aka. Zicam!)

    Ironically my friends were giving me a hard time for not selling Matrixx short after I lost my sense of smell. They were like "why didn't you tell me it was a public company?" Even though I know Zicam is dangerous. I had no confidence in the FDA to do the right thing. If Matrixx did not illegally hide their adverse event reports of anosmia I would have definitely shorted! Clearly the Board of Directors is clueless allowing 50% of their sales come from a product their competitors pulled off the shelves to to safety concerns. That's idiotic.

  •  
    53

    iresfrank

    12/01/09 | Report as spam

    then make it a controlled pharmaceutical

    Why not make it an RX drug instead of pulling it out alltogether? for people like me that have used it for five years - and every single time it got rid of my cold in 2 days instead of what used to be 10 days and eventually leading to sinusitis, bronchitis ... why not give those of us that have a great sense of smell and for which the product worked a way of buying it under a controlled basis at least?

    There are RX DRUGS with far more adverse contraindications and side effects on the market RIGHT now. What about ibuprofen which has caused liver failure? Yet that is still on the market!

    WHy doesn't the last poster give ME A BREAK INSTEAD!

    Where's the evidence? Show us the stats?
    And is it worse than ibuprofen which has caused liver failure to hundreds of Americans?

  •  
    54

    iresfrank

    12/01/09 | Report as spam

    Question

    Who decides anosmia (loss of smell) is worse than liver failure? Or stomach ulcers (as caused by ibuprofen or aspirin?)
    \

  •  
    55

    dutspup

    12/01/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I don?t care if a Nigerian invented this product! the fact is it works 100% and the FDA is a GOD DAMN fraud! Its no coincidence that they managed to get it off the market before flu season.. Is it related to the health reform in some way hummmm..I am just about fed up with the fraud in this country and the greedy bastards that play with our lives.. Lucky for me, I got my stash.. FDA= ******* Dumb Asses!

  •  
    56

    Kathy Kristof

    12/02/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Dutspup, you're not the only person I know who immediately ran
    out to buy up whatever Zicam they could before the ban went
    into effect. Funny thing is that I've rarely used the stuff, but
    my kid's pediatrician swears by it. That's why I was so surprised
    it had been pulled without some dramatic, public evidence that
    it was bad for you.

  •  
    57

    jwlutz@...

    12/02/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I would have ran out and bought whatever Zicam I could; however, I didn't know what happened until after they removed it from everywhere. I didn't find out until we went to refill our stock. We have used it for years without problems. Tell Zicam to put a warning on it and let the people decide whether to use it or not! My wife lost her smell during childbirth, long before she ever used Zicam. Is the FDA going to ban childbirth next! My Advil has a sheet of possible side effects. How come it is not banned????

    Thanks for looking into this!!!

  •  
    58

    Kathy Kristof

    12/03/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Yeah, it's pretty amazing if you watch the drug advertisements
    on television, they spend about 20 minutes going through all the
    possible side-effects of APPROVED drugs--liver failure, heart
    attacks, sudden death. But, hey, the chance that you might
    lose your sense of smell is too dangerous to tolerate Zicam,
    right? I still want to see the numbers. Is this a one-in-a-million
    chance or one-in-five? My guess is that it's more rare than
    dying from Viagra, but Viagra is on the market. How does that
    work?

  •  
    59

    iresfrank

    12/03/09 | Report as spam

    if you live in NYC`

    If you live in NYC loosing your sense of smell could be a welcome relief from the pungent odors.

  •  
    60

    Kathy Kristof

    12/03/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Funny....I live in Los Angeles, with a teenage son who plays a
    lot of basketball, and was thinking much the same. On a really
    good day, the house doesn't smell like dirty socks.

  •  
    61

    quantum mystic-23246661087222419649361213063306

    12/07/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    So a mouse study that shows that Zicam did damage to olfactory as compared to other nasal drugs is dismissed, but testimonial from individuals is taken with serious concern? Properly controlled studies are the strongest evidence we can obtain in science. uncontrolled testimonial and self assessment are close to the weakest evidence.

    The mouse study showed conclusively that Zicam was a factor in losing the sense of smell as compared to controls. It seems you suggest that the study is unreliable because it came out after the FDA ruling. Are you really suggesting fruad on the part of these scientists? That is a strong accusation and attack on the reputations of the scientists involved. Did you look at the study? Although the doses were larger that would be used in application, the effect (loss of smell) was clear with Zicam and absent from all the others. Is this not a high enough effect to support the FDAs concern? Could a better test be made that is ethical?

  •  
    62

    Kathy Kristof

    12/07/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Actually, no, concerns about the mouse study are unrelated to
    the FDA ruling. The problem with the mouse study is that you
    applied the zinc to an area that appears to be physically
    unreachable in a human nose.

  •  
    63

    zicamvictim

    12/09/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    iresfrank says: Who decides anosmia (loss of smell) is worse than liver failure? Or stomach ulcers (as caused by ibuprofen or aspirin?)

    answer: nobody does! Just LIST IT as a POSSIBLE side effect!!! thats what was being asked!

    iresfrank says: Why not make it an RX drug instead of pulling it out all together?

    answer: AGREED! now that there is evidence of risk of loss of smell this would be the next step to getting it put back on the market. this would require the maker to LIST THE SIDE EFFECTS!

    I cant believe you people are amazed that approved drugs list these side effects for example liver failure, heart
    attacks, sudden death. THAT'S THE POINT the user understands the risk.

    READ THE WARNING LETTER. THE FDA IS VERY CLEAR!

    Additionally, Zicam Cold Remedy intranasal products are misbranded under section 502(f)(2) of the Act, 21 U.S.C. ? 352(f)(2), because their labeling does not bear adequate warnings regarding the risk of anosmia associated with the product. In light of this failure to bear adequate warnings, these products are also misbranded under section 502(a) of the Act, 21 U.S.C. ? 352(a), taking into account the considerations set forth in section 201(n) of the Act, 21 U.S.C. ? 321(n).

    A SIGNIFICANT and growing body of evidence substantiates that the Zicam Cold Remedy intranasal products may pose a serious risk to consumers who use them. Specifically, FDA has received more than 130 reports of anosmia (loss of sense of smell, which in some cases can be long-lasting or permanent),associated with use of these products; some individuals also report loss of sense of taste.[2] By comparison, FDA has received few reports of anosmia associated with other widely-used intranasal products for treatment of the common cold that are marketed subject to approved NDAs or according to an OTC drug monograph. Further, there is evidence in the published scientific literature that various salts of zinc can damage olfactory function in animals and humans.

    In ADDITION to the reports FDA has received directly from consumers, the agency is aware that Matrixx appears to have more than 800 reports related to loss of sense of smell associated with Zicam Cold Remedy intranasal products.

  •  
    64

    69L46

    12/22/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    When the author noted that she is neither a scientist nor a lawyer it made the rest of the comments understandable.

    First - the lawyer-type stuff. The FDA is REQUIRED by Federal law to regulate substances sold to the public that are intended to treat, diagnose, or cure a disease or ailment. As soon as Zicam was marketed in such a way, the FDA was REQUIRED by Federal law to determine if Zicam's manufacturer had completed the testing and disclosed side effects - just like every other drug on the market.

    Second - the scientist-type stuff. The "mouse study" referenced above actually included human olfactory cells (the cells that allow you to smell). The HUMAN olfactory cells in this study died (that's what necrosis means) when exposed to the acitive ingredient in Zicam (zinc gluconate). Claiming that this study doesn't show Zicam can impact your sense of smell is like claiming that dropping a ball and letting it fall to the ground doesn't show that gravity exists.

    Here's a bonus scientific nugget for you - Just as table salt (sodium chloride) and MSG taste salty because of the sodium cation and independent of the anion (chloride and gluconate), zinc sulfate and zinc glutonate kill olfactory cells because of the zinc cation. Whether the salt is the sulfate, gluconate, glutamate, chloride, or nitrate, etc. - you will have free zinc cations in any moist material to which it is exposed.

    If this was an auto manufacturer and the NHTSA, would people be complaining that there was a recall issued if the NHTSA received 800 complaints about the brakes on the car failing?

    To first claim that you are neither a scientist nor a lawyer and then to go on to criticize the scientific literature and regulatory actions is laughable. It's like saying that you are not a singer, but since you like Mariah Carey better than Mozart that Mariah Carey is a better musician and people who contend that Mozart is a better musician have a hidden political agenda agains Mariah Carey.

  •  
    65

    Kathy Kristof

    12/23/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Well, 69L46, while I'm not a scientist nor lawyer, I'm a pretty
    good reader. And what the mouse study says is that they
    applied the zinc to an olfactory cell that they don't believe can
    be reached in the human nose.

    I don't think nail polish is dangerous either. But it would be if I
    applied it to my eye.

  •  
    66

    iresfrank

    12/23/09 | Report as spam

    READ THE LABEL! IT says "apply to side of nostril" Not into your brain!

    The instructions clearly state to apply to the inside of your lower nostril - there's even a picture for the same dumb idiots that need the government to help them figure everything else out.

    TO THE SIDE OF THE NOSTRIL. NOT UP INTO YOUR SINUSES like you are snorting heroin or cocaine.

    I'm sure the idiots that did damage inhaled this like everything else they were huffing.

    I've used it since 2004 at least 2 or three times each winter to reduce my colds more than 70% in length in duration.

    Now because some idiot can't read the label - I'm left without a great product. I even wrote the executives of the company that I'm happy to fly anywhere and testify.

    What about Echinacae? OR hundreds of other products the FDA is not bothering with like Glucosamine? Vitamin C overdose? Niacin Overdoseages? Or the people that kill their livers by taking ibuprofen along with alcohol?

    Those of us that are smart and responsible about using products have a disdain for the stupid people that impact our lives adversely. Almost 70% of Americans have no college education ... some are walking illiterate ... so they get to write all the laws and policies that effect the smart, college educated 30%. Great.

    Then they wonder why there's no jobs left? After they've screwed up the system.

    Because of Stupid Idiots in this country we now have:

    - Warning signs on MacDonalds Coffee **warning hot*** DUH
    - horizontal blind cords that detach **because of incompetent parents that neglect kids**
    - Safety caps that can't be opened by adults with arthritis **Because of idiots that left their medicine on the bottom shelf in the kitchen**
    and I could go on for pages.

    I bet those that did damage (like everything else):
    - Took excessive doses
    - Did not follow instructions
    - Inhaled the product instead of squirting one drop to the inside of the nostril wall

    Idiots.

  •  
    67

    Kathy Kristof

    12/23/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Points well taken, IresFrank.

    I was offended when they took baby walkers off the market.
    My kids loved those things because they allowed them to zip
    around fairly freely when they were too young to walk. It
    seemed pretty obvious to me that these walkers would be
    dangerous to take down the stairs. Use them on a flat
    surface and watch your baby--maybe even put up barriers
    for areas that you think aren't safe to use them because the
    ground is uneven. That's just common sense, right?
    Apparently not, so they're not going to be available when my
    kids have kids.

  •  
    68

    Kathy Kristof

    12/28/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I couldn't resist sharing this true story. I'm watching
    television over the weekend and hear an advertisement for
    Chantix--an FDA-approved stop smoking drug. The health
    side-effects took up almost half of the advertisement. I
    couldn't write them down fast enough to get them all so I
    looked them up on the Chantix web site. Here I must quote
    because I simply couldn't make this up: "Some people have
    had changes in behavior, hostility, agitation, depressed mood,
    suicidal thoughts or actions...serious skin reactions, some of
    which can become life-threatening....Use caution driving or
    operating machinery."
    Most common side effects: Nausea (30%); sleep problems;
    constipation; gas; vomiting."
    And here's the kicker: According to the Mayo Clinic site,
    where Chantix is more effective than a placebo, most people
    taking it didn't quit smoking. Only about 23% were smoke free
    a year later.

  •  
    69

    iresfrank

    12/29/09 | Report as spam

    Angry at Idiots controlling the lives of non-idiots

    I'm with you Kathy. I remember 25 years ago we used to dream of the day there would be a "cure for the common cold" and how you could make millions if you found it.

    Zicam came pretty darn close ... close enough that I used it every winter to reduce my cold severity and duration as I travel around the country. Since I'm a speaker and trainer (Recruiter training) for the personnel recruiting industry ... I have no choice but to show up regardless of how I'm feeling because of the money and promotion the event coordinators have pre-invested.

    Zicam was a Godsend! And the only truly effective product (along with inhaling steam vapor which I learned kills another 20-30% of Rhinoviruses if done early).

    My ritual was Zicam 3 times / day at first sign of a cold (sniffling & sneezing) along wtih a pot of steaming hot water which I would inhale before catching my flight in the morning and once again in the evening.

    90% of the time this combination knocked the cold out in two days flat and I was back to normal on day 3 (sometimes sooner).

    We live in a society where instead of the majority ruling, a small handful of idiots (in this case about 800) get to decide what is sold versus what is not.

    I'd like to know how many of those 800 actually FOLLOWED THE INSTRUCTIONS. Did they apply it correctly?

    As for the baby walkers - I saved ours in the attic. I too was amazed and shocked the entire market was shut down because of parents that can't or won't watch their children.

    Somehow we (as humans) made it to this point of populating the earth with 6 billion of us over some 4 million years or evolution ... but we're not qualified to insert zinc in our nose or place our child in a baby walker.

    Ridiculous. Absolutely and ever-so-positively ridiculous.

    Let me guess, next time someone squirts Clorox or Ammonia in their eye we'll have to stop using that for cleaning or clothes and houses.

    I bet more people have gone blind from shooting fireworks on one day of the year .... 4th of July - but most states still allow them to be sold.

  •  
    70

    Kathy Kristof

    12/29/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I just find it ironic to see what the FDA approves to be sold.
    Hey, it's okay if a drug's going to kill you (as long as they
    mention it on the label) but we can't risk somebody
    temporarily losing their sense of smell...???

    In truth, I'm not a big Zicam user. I have lots of friends who
    are avid fans, like you. I've probably used it a couple of
    times, tops. But the whole ban struck me as so patently
    unfair that the story has become a fascination. I keep
    wondering what's behind this that we don't yet know.

  •  
    71

    jwlutz@...

    12/30/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    To me this is not rocket science. The FDA does a total recall based on a very small percentage of users and on a relatively minor* side effect; then when pressed for reasons why, they stonewall. This does not pass the smell test!

    For a total recall, shouldn't you have the paperwork ready to hand out? If justified, don't you want to have the reasons lined up why people who have already purchased the product should turn it back in? Instead of, "Well we can't tell you." How bad is the REAL reason when months later the FDA still hasn't figured out a plausible explanation?

    The makers of Zicam cannot comment for fear of further FDA strong arm tactics, so we have to wait for the FDA to come up with a story. Outrageous!

    * I realize that for those who may have suffered a temporary loss of smell, this is not minor. However, if every substance that someone had a bad reaction to was banned, we would pretty much have everything banned, including milk, peanuts, and water.

  •  
    72

    Kathy Kristof

    12/30/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Well said, JW. I said as much to the FDA because I was truly
    shocked that they didn't have a vast pile of evidence explaining
    their ban ready to hand out to anyone asking.

  •  
    73

    iresfrank

    12/31/09 | Report as spam

    I still think politics is involved

    I agree with jwlutz and have it before. Something is fishy. My gut instinct tells me politics is involved. Some senator with close ties to a Big Pharma was given campaign donations in return for a promise to "get this cold cure thing off the shelf". That senator pulled a few strings withn FDA - and the product is mysteriously banned with flimsy evidence that doesn't hold up.

    Remember Saccharin was once labeled as "causing cancer"? Then the label mysteriously was removed. A television special that delved into the politics found it was due to politics and a feud between the owner of the Brooklyn based company and a prominent senator.

    I would NOT BE SURPRISED if a political reason beyond science is behind this.

    The Question I've asked all along is Who stands to benefit? Why?

  •  
    74

    iresfrank

    12/31/09 | Report as spam

    We should be able to SUE government Agencies. Period.

    Maybe we OUGHT to be able to sue government agencies since when the fail - they fail spectacularly. When the SEC had information on Bernie Madoff - and failed to investigate him (even Bernie admitted he should have been caught during one visit) - why should we NOT hold our government agency responsible? And when Homeland security has a terrorist on the watch list - but allows him to receive a visa and ignite a PETN bomb on a Detroit-bound plane - WHY should they not be held responsible for catastrhophic incompetence?

    Same goes here with the FDA. Can we not use a freedom of information Act to pry the details loose? Maybe if government agencies were subject to litigation - they would actually get the job done better.

  •  
    75

    homesculptor

    12/31/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I started using zicam nasel early on, and discovered that since using it I no longer suffered from head colds that would lead to bronchitus or worse. I have not had a cold at least 5 years, when the previous 5 years were plauged with colds and serious URI's requiring antibiotics. For this 130 people that lost their smell, I'm sure there is more that chocolat kills each year. Yet tell me the moral ethics of FDA who will allow people to suffer complications from cold that can lead to death in the elderly and young. Perhaps Jesse Ventura's report last night is true!

    Can somebody tell me where I can get the original zicam? Perhaps our of the USA?

  •  
    76

    homesculptor

    12/31/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I recently learned that the U.S. gov. after the bill of rights discovered that these new rights could be the demise of the country, so they created the 11th amendment. This amendment took the teeth out of the bill of rights. Do the math: Bill of rights = Bill of rights + 11th amendment(times 0) = rights that you must purchase to litigate. The declaration of independence convinced British Subjects to become traitors to their country by promising to abandon the policy of immunity. They used the terms ?Judicial? ?tyranny? and ?despotism? semantics for those who could ban products corruptly, such as paper without stamps, tea, quartering, etc., without fear of being held accountable. That was the America of the Declaration of Independence. The 11th amendment was a breach of contract to the declaration. The 11th amendment gave standing for Judges to claim ?absolute immunity.? Again do the math: King and Queens and Dictators are = absolute immunity = monarchy = United States Judges ? democracy or rule of law republic!

    This doesn?t set well with me, but there is nothing I can do about it. However, that is why zicam can be pulled from the shelves at the cost of lives due to cold complications that could have otherwise be prevented. Look at 18 USC 1346. If attorneys were not controlled by the BAR those who were patriots to liberty would have easily done something to stop this, but they can?t or they will loose their job. An attorney in LA exposed this story about corrupt judges http://www.nbclosangeles.com/news/local-beat/Financial_Ties_Raise_Questions_About_SoCal_Judges_Los_Angeles.html Now they are trying to disbar him.

    I filed a complaint about a corrupt judge who released a madman into society with the CJP and they found him guilty of wrong doing, so there is some concern and ?corrective action? being taken.


    Immunity is why FDA can deny good health to people. I don?t believe that officials can abuse discretion without a ?rational basis? according to Supreme Court. But the only recourse is a lawsuit! Simple huh! However, I found out that AD Hoc decisions such as this, that do not affect public policy leave liability attached to those who did the dirty deed in their private capacity. See Kaahumanu v. City of Maui 9th cir. And Bogan v. Scott U.S. Maybe somebody can sue the person who put their signature on the order to pull zicam.

    As a Zicam user, I was 100% convinced that this was a cure / remedy for the cold! I never got sick while using it, but I also read the instructions. BTW my wife lost her smell temporarily, so I am objective. She used the swabs and didn?t have the problem.

  •  
    77

    homesculptor

    12/31/09 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    In the frist paragraph the bottom sentence there is a ?. That should be a not equal sign. I guess you can't use symbols here. The other misplaced ?'s are quotes " "

  •  
    78

    angryshareholder

    01/06/10 | Report as spam

    Angry Shareholder

    I lost a lot of money invested in Matrixx. I think the Board of directors should be held accountable. I seems their product cases temporary loss of smell and they knew it! They should have warned shareholders of the risk in liability or their product and warned of the dangers since it was half of their revenue. The Board of Directors should be voted out!

  •  
    79

    VenusB

    01/09/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Lets see, a few hundred reports that people lost sense of
    smell. Not to mention that most people will not even report
    this, so obviously many more out there.

    Not an important symptom to many of you. There are many
    things that stink. It couldn't hurt not to smell stink, and who
    really cares if you can taste good or bad food, right?

    However, sense of smell may be far more important than any
    of you realize. But who cares, you are still alive even if you
    can't tell if something stinks, or taste the arsenic in your
    food!

    A company knew of hundreds of reports of loss of smell, and
    reports only studies that did nothing to check for this
    problem. Also did nothing to follow a law requiring them to
    report consumer complaints (no matter how unimportant you
    think the sense of smell is) to the FDA.

    FDA warns them that these products should be removed.
    Yeah, that's the same as a ban, right. Company does not
    follow that warning at first, but waits a bit. Then company
    pulls 3 products, not even close to all their wonderful cold
    remedies.

    Study is later done on several products, all of which seem
    fine except this companies fine product. But hey, it's not
    administered correctly, so we can't really count it can we?
    Cause we all know that no one would ever take medication
    incorrectly. Unless they are stupid, and they don't deserve
    any protection if they are stupid, right.

    In case you don't get this, when you spray something in your
    nose, you may, just buy some minute chance, actually inhale
    a bit, even if you aren't trying to. Oh yeah, and it goes in
    your nose, so it just might affect the system that gives you
    your sense of smell. But hey, I'm no expert, so I'll let you
    experts come up with your own science, as you have.

    It's nice to come up with your own science isn't it. Those
    scientists couldn't possibly know what they are talking about,
    but you experts have all the answers.

    This company still does not do anything to report this minute symptom that only shows in a very small percentage of
    customers. Of course they still have done nothing to evaluate
    if maybe the product does cause this symptom on anyone.

    The FDA uses a study from way back in the 30's to justify
    the idea that maybe these customers may possibly be telling
    the truth about this annoying symptom. And just maybe the
    ingredient in this medicine may be causing this problem.

    The FDA is supposed to protect the public in some fashion.
    They don't always do a good job, but they do try to pull
    things that are harmful to even a small percentage of people,
    or at least have the problem listed.

    The FDA approves some drugs that cause significant severe
    symptoms to some people. Then those symptoms have to be
    listed, in order to warn the public of the small chance they
    may be affected. The public then decides if they are willing
    to take the chance.

    I can see problems on both sides of this issue, but really, the
    FDA has a responsibility to the public to protect them from
    food and drugs that may cause harm. Even if the harm seems
    small, or the percentage affected are small, or the
    percentage of people helped buy this product are large.
    There are many things that get pulled before adequate
    studies are done. Then again there are some things that
    don't get pulled even after plenty of studies and evidence
    that they can cause problems. The saccrine issue that's been
    brought up, had to do with a study on mice that got cancer
    after extremely high doses. Later these warnings were
    removed. But don't kid yourself, there are many reports that
    artificial sweeteners have caused many severe problems for
    many people, just not cancer and not from saccrine. All these
    drugs that have pages of symptoms listed are at least
    following the rules. Those lists are warnings to consumers,
    not that they will probably get those symptoms, but that
    there may be a very small percentage of people that could.
    Over the counter drugs that have a small chance of certain symptoms should have to list those symptoms, and if they
    don't they should be pulled. Even if you don't think smell is
    important, or you don't feel there are that many problems
    with it they should still report it or pull it. Just because
    everyone you know uses this product with no problem does
    not mean the problem does not exist. Even though it helps
    people reduce cold symptoms, doesn't mean other problems it
    causes should be ignored or aloud to slide, buy an
    organization that is supposed to take care of this.

  •  
    80

    iresfrank

    01/11/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Quote - "In case you don't get this, when you spray something in your nose, you may, just buy some minute chance, actually inhale a bit, even if you aren't trying to."

    WRONG! Wrong. Wrong.

    The spray pump design would not allow "spraying into your nose" even if you inhaled HARD as it does NOT SPRAY like Dristan or other sinus medications - but rather squirts a small drop of heavy gel which you are supposed to apply to the SIDE of your nose (would be difficult to inhale it unless you tried hard).

    It oozes out more like an ointment than a spray!

    The swab method of course, would not allow inhaling either.

    You indicate not being an expert - and this is the single most accurate comment you made.

  •  
    81

    zicamvictim

    01/12/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I am glad to see even the pro-Zicam people admitting that Zicam is dangerous if inhaled. Some progress being made. Any nasal spray dangerous to inhale should definitely carry a warning! Hard to feel sorry for Matrixx and Zicam now.

    VenusB nice post! Glad to see something thinking logically!

  •  
    82

    iresfrank

    01/13/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Just curious - how hard were you inhaling to manage to inhale the gooey, gelatinous substance that comes out in single droplets and is thick like ointment?

    You must have pulled in half the neighborhood along with Zicam to inhale that hard - IT IS NOT A SPRAY!

    It never occured to me to inhale it EVER in five years!

  •  
    83

    Kathy Kristof

    01/13/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Zicam Victim, a warning is fine. A ban, I think, is extreme. Even
    with the few stories we have here, it strikes me that loss of
    smell happens pretty rarely. But the product seemed to regularly
    reduce cold symptoms. Warn away, but don't pull a good
    product from the shelves.

  •  
    84

    zicamvictim

    01/14/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    iresfrank:
    You must have pulled in half the neighborhood along with Zicam to inhale that hard - IT IS NOT A SPRAY!

    Then why sell it in a spray bottle??? ONLY SELL THE SWABS!!
    They also changed the design of the spray bottle to spray outwards and NEVER RECALLED THE OLD SPRAY BOTTLE THAT SPRAYED UPWARDS!!!

    Kathy Kristof:
    Thank You I'm glad you finally agree now it needed a warning! Matrixx refused to take this route and continued to market their product as safe and harmless!!! THAT WAS THE PROBLEM!!! I am hoping you read the FDA warning?????

  •  
    85

    IWantMyZicam

    01/17/10 | Report as spam

    Zicam Cold Remedy Swabs Still Available

    You can pay $75 and up for the Zicam Cold Remedy Swabs on eBay, or much less at IWantMyZicam@bresnan.net We want our Zicam because it WORKS! Zicam RULES!

  •  
    86

    GLeigh

    01/18/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    I would like to see a study done on the small percentage of people impacted by loss of smell on whether or not they have an allergy or unusual sensitivity to Zinc, in general. In which case, they should not have used the product to begin with.

    I would also be interested in seeing a report as to who may have short-sold Matrixx shares in the days/weeks leading to these headlines. There are some of your benefactors.

    I, like countless others, after years of use have never had a negative side effect from this product and am impacted because it's no longer available. There are tens of thousands, mayhaps millions, on this end of the spectrum. What about our rights?

    I'm looking forward to the scientific findings of the FDA to justify their actions. If the product needs a warning label for those few who have zinc reactions, so be it. But bring the product back for the vast majority of us who came to depend on its positive results.

  •  
    87

    GLeigh

    01/18/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Zicam victim, you said that your ENT diagnosed your issue as being because of Zicam akin to some of their other patients. Did she/he test you for a zinc allergy? Do you know if the other patient you were put into contact with had one?

    If not, were it my doctor, I would be curious as to why they would order such an expensive test as a CAT scan but not bother with the addition of a much less expensive allergy test. I mean, if they've seen this in other patients, I would want to know if I had a potential allergy to a substance to avoid it in the future. Know what I mean? That might be a great follow-up discussion to have with them.

  •  
    88

    zicamvictim

    01/19/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    My ENT gave me an allergy test and a smell test first.
    No Zinc allergies. I have also taken zinc gluconate orally before never had a problem. Sorry you can't get your Zicam. But trust me I would give up a heck of a lot more to get my full sense of smell back. You have no idea. Is Matrixx planning on doing some safety testing on the product? I would be interested in the results.

  •  
    89

    GLeigh

    01/19/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Good to hear, glad your ENT was thorough. You're the first poster on several boards I've read who've said they were tested for an allergy to Zinc. Maybe an allergic reaction could be ruled out (and eliminate this part of the speculation) if more of those findings were available.

    I can't say what Matrixx's plan is on the testing, I'm not affiliated with the company. I would imagine that they would have to do further research if the product were to come back to the market. I also wasn't minimizing what you and others are going through. I just want more information, more scientific data, no stone unturned. The way this was *handled* by the FDA was rather unusual and considered extreme given past precedence. And because of that, many of us want answers. Please don't mistake that for a lack of compassion for those who suffer.

    As I'd said, if a warning label is warranted and more emphasis on the directions of its use is needed, then by all means, may they move forward with it. But banning a product without enough data to support it, is quite a slippery slope.

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    90

    iresfrank

    01/20/10 | Report as spam

    Zicam vs. cigarettes

    Yet cigarettes which have decades and entire libraries of evidence they cause cancer, emphysema, and a host of other fatal illnesses continue to be sold "Over the Counter".

    I'd venture to guess cigarettes and alcohol cause many more deaths each month than Zicam. Should it have a warning label? Probably so judgin from zicam victim's apparently sincere and genuine conclusion (which I happen to believe). But is this enough to remove it in light of the benefits? Maybe a warning label along with a redesigned sprayer (or REMOVE the spray version entirely and let the swab version remain for sale).

    If the swab version was permitted to be sold - there's no way you could inhale unless you like inhaling Q tips!

  •  
    91

    Kathy Kristof

    01/20/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Exactly, Iresfrank. A warning is appropriate. A ban? Come on.

  •  
    92

    Another Victim

    01/22/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    The reason why there is such a long line for a FOIA request at the FDA is because back in 2005 the FDA was almost finished with thier investigation on Matrixx and ready to nail them but a politician came in and shut the investigation down at the last minute. Everyone is trying to find out who that politician was. I can speculate on who it is. First, Matrixx is based in Scottsdale. The same town as John McCain. Matrixx donated the leagl maximum (at least above the table) amount of funds to the John McCain campaign for senate. And as for Matrixx never losing a liability case, in the trial of Bruno vs Matrixx in San Diego, the jury was sheilded from knowing that Matrixx changed the design of the bottle from the "single hole" design to the "showerhead design". The single holed design shot the product up to ten feet into the air. Perfectly capable for reaching the upper olfactory epithilium. The "shower head" design distributed the solution (and pressure) through five holes rather than through one. The holse are located around the tip which made the solution ooze out the sides rather than out the tip. Matrixx spent 56,000.00 to do this and were thrilled that it was only going to cost them 56,000.00 to change it. The question here is, why would Matrixx be thrilled that it was only going to cost them 56,000.00 to change something that wasn't broken. And during this plan to change the design, Matrixx mentioned product safety. Matrixx NEVER told the FDA that they changed the design of the bottle. The court called it "prejudicial evidence" which was false. It was compelling evidence enough to inspired the FDA to investigate Matrixx again this past year. During the investigation, the FDA FOUND over 800 more complaints that Matrixx failed to inform the FDA about. They just took these complaints and tossed them aside. To this day, the FDA would not know about those complaints if they didn't investigate. In short, Matrixx has been decieving the FDA for years. Their unscrupulous snake oil salesman demeanor is what got them in the mess they are in. You have to wonder why Matrixx would want to keep the FDA in the dark when they claim that thier product is "safe" and "natural". But tobacco is "natural" too but i wouldn't recommend anyone use it. Also during the trial of Bruno vs Matrixx, the founder of Zicam Robert Davidson, testified on the stand and admitted that Zicam's efficacy is "just a theory and never been proven". Another interesting developement was the disclosure of the money Matrixx paid for the "Mossad, Hirt and Turner" studies. They paid 200,000.00 EACH for the Mossad and Hirt study. They paid nearly 300,000.00 for the Turner study. However, Matrixx failed to post the results from the Turner study. Why would they not want to post the study that they paid the most for? It's because it wasn't favorable to Zicam. There is an abundance of condemning information that the public STILL doesn't know about because they are faced with certain people who tell a story one sided and lacking of major facts.

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    93

    Kathy Kristof

    01/22/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Then why doesn't the FDA release it?

  •  
    94

    iresfrank

    01/22/10 | Report as spam

    Interesting Point - So release the evidence!

    This is all interesting and at least "another victim" does cite the nozzle design that squirts out the gel more sideways than upward which I have written about several times and has previously gone ignored.

    But as Kathy states - Where's the beef? Lets see the evidence. AND how can Matrixx have discarded those 800 complaints if they were the ones to have them? You state they "set them aside" but they didn't throw them out! They obviously had them ... or no one would have known about those complaints.

    Marijuana just became legal in NJ - but I can't get Zicam for when i have a cold! ??? Ridiculous. People can still buy Airborne (which is even more ridiculous than Zicam as it contains much of nothing I don't already have on my spice shelf) but not Zicam?

    And don't tell me Marijuana is not dangerous. I know of many college students that flunked classes and nearly died from staggering across the street from using Marijuana. What does that do to our economy and GPA?

  •  
    95

    Another Victim

    01/22/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    The judge sealed under court order the evidence of the emails between the executives at Matrixx which shows matrixx's plan to cover up the change in design and the amount that it will cost for the change indesign and the reason. But most of the other things that i mentioned in my previous post are publicly accessable by just looking up the trial transcript. The transcript is public knowledge. Lawyers are able to attain these emails through "discovery".

  •  
    96

    Another Victim

    01/22/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    And as for the politician who originally shut down the FDA investigation a few years back, Im still digging to find out who that was. And when i finally find the corrupt scoundrel who did it, i promise that i will blow this scandel out of the water. And you "skeptics" will be left to sit there with your jaws hitting the floor thinking "wow, the victims were right about Zicam.

  •  
    97

    jwlutz@...

    01/23/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Another Victim, you seem to be missing the main point. We are not saying that some people have not had adverse reactions to Zicam. We have no way of knowing for sure. That would require extensive studies to either establish or not establish whether the loss of smell was due to Zicam or a result of the illnesses for which Zicam is used. There are many drugs that SAVE people's lives but are FATAL to others. Human beings are different. It is a fact of life. Because something has a negative effect on some, is not a reason to ban it for everyone that it helps. Even if 800 people did indeed loose their sense of smell, that is not a reason for a total ban. It is a reason for a warning label.

    Our point is: FDA come clean! Either explain yourself or remove the recall! The FDA's continued stonewalling gives credence to the idea that there is nothing to the Zicam complaints. You should join us in demanding the FDA come clean.

    Why is this so hard? Put Zicam back on the market with a warning that says "WARNING: Some people have reported a loss of smell (either temporary or permanent) in conjunction with the use of this product." and let each individual make the choice for themselves. It is called freedom.

  •  
    98

    Another Victim

    01/23/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    No. I think your missing the point. Matrixx had the chance since 2004 To put a warning label on Zicam but they refuse. They had the chance to do it when they changed the bottle. That's all most victims were asking that Matrixx to do. BUT THEY WILL NOT DO IT. They know if they put a label on the product they will lose revenue and that it will be admitting fault. Did you ever hear an attorney say "don't make concessions for something that went wrong because you will be admitting fault"? So instead of warning innocent consumers of the dangers of Zicam, they chose profit over consumer safety and thumbed thier noses up to responsiblility (AND FDA REGULATIONS). That is why they are in this mess. They made thier bed so now let them "lie" in it. I promise that i will NOT rest until Matrixx falls on it's face.

  •  
    99

    jwlutz@...

    01/23/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    Another Victim said: "They know if they put a label on the product ... it will be admitting fault." No competent attorney would recommend putting a label on a product that would open a company to lawsuits by anyone who said "I once used Zicam, and now I can't smell like I used to." The label I proposed was reasonable, warning people without admitting fault. While it wouldn't surprise me if their attorneys resisted any label, we don't have the whole story and that is what all of us who like the product would like to know, and the FDA is not talking.

    Stated another way: FDA give us the whole truth, and nothing but the truth!

  •  
    100

    jwlutz@...

    01/30/10 | Report as spam

    RE: Zicam Addicts (and Shareholders) Were Ripped-Off

    From the Rush Limbaugh program on Friday. I may not have this exactly right, but it is pretty close. Could have been tongue in cheek. Rush Limbaugh talking about Zicam: "... even easier than the gel swabs were to use, you know, but they've been banned because Obama is seeking to do damage to all my clients ..."

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Kathy Kristof

Kathy Kristof is a syndicated personal finance columnist, speaker and author of three books, including the recently updated Investing 101 (Bloomberg, 2008).

Kathy Kristof

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