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Cold-Eeze Class Action Lawsuits Information
The Quigley Corporation offers a line of Cold-Eeze Cold
Remedy products, claiming the homeopathic cold remedy is the only family of
products developed specifically for colds that contain zinc gluconate glycine,
"a formula consistently proven to be effective in helping to reduce the duration
of the common cold by up to 42 percent." The popularity of homeopathic products
in recent years has skyrocketed, which worries some experts.
Opposed to over-the-counter drugs and prescription medications, herbal products
and homeopathic remedies are regulated separately. The law allows the sales of
Cold-Eeze and other homeopathic remedies unless the FDA proves them harmful.
Because Cold-Eeze can be found on shelves among over-the-counter drugs, many
consumers are unaware of the differences between products. Consumers trying to
determine what type of data shows the effectiveness of various products are
oftentimes confused with what types of studies have been done.
When Quigley announced it was offering a nasal zinc spray in 2003, the company
was one of two major drug companies to offer the product. Just a year later, the
company said it was discontinuing the product. Hundreds of consumers said they
lost their ability to smell after using nasal spray containing zinc gluconate,
but Quigley claimed it was not discontinuing the Cold-Eeze nasal spray because
of the complaint reports but because the company claimed "the product has not
developed into a viable entry in the nasal spray cold remedy category," saying
it was solely a financial decision.
Despite the removal of the Cold-Eeze product from the shelves, the FDA
investigation into the complaints that had started prior to Quigley's quiet
withdrawal continued. The absence of any rigorous studies on whether zinc nasal
sprays can cause anosmia, the clinical term for the permanent loss of smell, is
non-existent, though some doctors report seeing patients that are diagnosed with
anosmia after using the products.
According to a University of Colorado Taste and Smell Clinic doctor, Bruce Jafek,
when the Cold-Eeze product was discontinued he was being contacted by
approximately one person every week to two weeks from patients claiming zinc
gluconate caused their sense of smell to disappear. Some scientists believe that
zinc, in certain quantities, can have an astringent effect that can damage cells
in the nasal cavity that control the sense of smell. Studies showing the
effectiveness of zinc gluconate in nasal sprays continues to be mixed, with some
studies showing they shorten the common cold, while others show on effect.
According to the National Institutes of Health, about 2.5 million Americans are
believes to suffer from a partial or complete loss of smell. There are no proven
treatments to restore smell, and as a result, lawsuits have been filed against
Cold-Eeze maker Quigley, as well as against Matrixx, the maker of Zicam nasal
products, which continues to be a popular product. To shorten a cold by just a
couple days, some doctors and consumers do not think the risk of losing their
smell forever is worth it, while other consumers believe the possible risk is
worth it.
Cold-Eeze Side Effects
Cold-Eeze side effects reports have included allegations that
its now discontinued nasal spray caused anosmia, the permanent loss of smell. In
2003, the Quigley Corporation added the nasal spray to its Cold-Eeze Cold Remedy
product line. In some studies, zinc gluconate oral sprays have been shown to
shorten the duration of colds by a few days, but other studies show it has no
effect.
After reports of anosmia continued, the FDA said it was evaluating the Cold-Eeze
side effects complaints. Cold-Eeze is considered a homeopathic remedy, so it is
not FDA regulated the same way over-the-counter medications and prescription
drugs are. The sale of the homeopathic remedies is allowed unless the FDA proves
there are harmful Cold-Eeze side effects.
Allowing herbal products and homeopathic remedies to be regulated separately has
been the source of much controversy in recent years. Popularity of the products
has taken off, and even Cold-Eeze sales increased from 2003 to 2004, despite the
number of reported colds in 2004 decreasing. Some experts are concerned that
consumers are unable to really assess Cold-Eeze side effects because homeopathic
remedies are shelved alongside over-the-counter medications that have different
regulatory laws and quality control and labeling rules.
With science offering no definitive evidence on Cold-Eeze side effects, it is
difficult to determine if possible risks outweigh possible benefits. The anosmia
Cold-Eeze side effects complaints can occur, according to some scientists,
because certain quantities of zinc could have an astringent effect that can
damage cells in the nasal cavity that control the sense of smell. The FDA began
to investigate anosmia Cold-Eeze side effects in response to complaints in 2004.
At the time, the anosmia complaints were not only being made among Cold-Eeze
users, but among Zicam nasal spray users, another popular zinc gluconate spray.
As the FDA was reviewing the information about anosmia Cold-Eeze side effects,
Quigley quietly filed a financial notice with the Securities and Exchange
Commission to discontinue Cold-Eeze nasal spray. Though some believe the
product's discontinuation was in response to a growing number of anosmia Cold-Eeze
side effects that were becoming a possible liability for the company, Quigley
claims the withdrawal was purely a financial decision, citing disappointing
sales.
There are about 2.5 million Americans believed to be suffering from a partial or
complete loss of smell, according to the National Institutes of Health. Though
there are no rigorous studies on whether Cold-Eeze side effects among zinc nasal
spray users are at higher risk of suffering anosmia, sales of nasal zinc
products still on the shelves are booming. Some doctors believe in the absence
of more definitive information regarding zinc nasal sprays, patients should
avoid the use of the products because the possible risks heavily outweigh the
benefits of shortening the duration of a cold by a couple days.
More Cold-Eeze Information
Hundreds of lawsuits around the country are alleging the loss
of smell and Cold-Eeze and other zinc nasal sprays. Zinc lozenges and oral
sprays have been shown in some studies to shorten the duration of colds by a few
days, but the effectiveness of nasal zinc products are mixed. Just over a year
on shelves, the Quigley Corporation discontinued making its nasal spray in
September 2004, claiming financial reasons, though critics believe reports of
loss of smell and Cold-Eeze and the fear of liability were a lot of the
motivation.
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