Marc Grossman has filed a civil lawsuit against the manufacturer of Zicam nasal spray, and the national drugstore chain that sold the product to a New York citizen. The user has alleged permanent injuries from his use of Zicam.
The lawsuit was filed last Thursday in the US District Court, Eastern District of New York. The complaint alleges that Donald Coleman, a Bohemia, New York resident, purchased a bottle of Zicam Cold Remedy Nasal Spray at a CVS pharmacy store. After using the spray for about a week, Mr. Coleman claims that he permanently lost his senses of smell and taste. Although, the label stated it was safe and effective and a patented homeopathic remedy for cold symptoms.
On June 16, 2009, the FDA issued a public health advisory warning to consumers to stop using and discard Zicam Cold Remedy Nasal Spray products. The agency received greater than 130 reports of Anosmia. As an over-the-counter product, neither the Zicam Cold Remedy Nasal Spray nor its labeling has ever been approved by the FDA.
Mr. Grossman, who is representing Mr. Coleman and numerous other individuals who used Zicam, said: This is a clear example of an unregulated and unsafe product masquerading as a product that promotes good health. Rather than a minor cold, Mr. Coleman now has a permanent injury that deprives him of enjoying foods and aromas that he loved. The suspected culprit is zinc gluconate, listed as the active ingredient in Zicam products.