Zicam, Matrixx Initiatives sued over alleged sale of fake medicine

By Robbie Hargett | Dec 31, 2015

NEW YORK (Legal Newsline) – A New York man is suing cold medication manufacturers over claims their products are no more effective than a placebo.

Alan Gulkis, individually and for all others similarly situated, filed a class-action lawsuit Dec. 17 in the Southern District of New York against Zicam LLC and Matrixx Initiatives Inc., alleging deceptive trade practices, false advertising, breach of express warranty and unjust enrichment.

Zicam and Matrixx manufacture and distribute homeopathic formulas, including Zicam Pre-Cold Medicine, under the Zicam brand name.

The suit states these companies sell fake medicine to consumers looking for cold-symptoms treatment.

According to the suit, double-blind placebo-controlled trials showed Zicam Pre-Cold Medicine acted no differently than a placebo.

The suit further states that the defendants claim this medication shortens and reduces cold symptom severity,  and prevents full cold symptoms from occurring, even though they know studies show the medication is no different than a placebo. As a result, Gulkis and others in the class allegedly were deceived into purchasing products that were not effective for their represented purpose.

Gulkis and other class members seek compensatory, statutory, and punitive damages, plus disgorgement, restitution, and costs and expenses of the suit, together to exceed $5 million. They are represented by attorneys Joseph I. Marchese, Scott A. Bursor and Philip L. Fraietta of Bursor & Fisher in New York City.

Southern District of New York Case number 7:15-CV-09843-CS

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