No Judge or Jury Has Ever Found That Zicam Use Causes Loss of Smell
Although plaintiffs and their attorneys hoping for financial gain have sued Matrixx, no plaintiff has ever won a court case, because there is no substantial evidence of a causal link between Zicam use and the loss or impairment of smell (anosmia or hyposmia).
Federal courts are required to assess the validity and reliability of the opinions of scientific expert witnesses to assure they are based on reliable methods and evidence before they can be admitted into evidence and cases are allowed to proceed to trial. Ten separate federal judges in 10 different cases have now examined the scientific validity and reliability of research conducted by Dr. Bruce Jafek, Dr. Terence Davidson and other experts retained by plaintiffs, and their theory that Zicam causes smell loss. Each court has concluded that the theory has no reliable scientific support and was reached without application of proper scientific standards and procedures.
Attached below are representative samples of publicly available 1) legal documents filed in court cases where plaintiffs sued Matrixx Initiatives alleging that Zicam caused loss of smell and 2) decisions of the applicable courts that explain why the judge decided in favor of Matrixx. Essentially, the judges in each of the 10 cases in Federal court that have examined the evidence have determined that the plaintiffs’ theory – that Zicam causes smell loss – has no reliable scientific support and was reached without application of proper scientific standards and procedures. As a result, the plaintiffs’ cases were effectively dismissed.
Sutherland Motion and Decision
On April 9, 2008, jurors in a California case sided in favor of Matrixx Initiatives in the Bruno versus Matrixx et al. trial. The jury unanimously found that Zicam was not the cause of Mr. Bruno’s smell loss. That case is presently on appeal.
