DOCSLIB.ORG

Amended Class Action Complaint

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Amended Class Action Complaint Case 2:09-cv-01479-ROS Document 30 Filed 09/27/10 Page 1 of 41 1 TIFFANY & BOSCO, P.A. Richard G. Himelrick, Arizona Bar #004738 2 J. James Christian, Arizona Bar #023614 Third Floor Camelback Esplanade II 3 2525 East Camelback Road Phoenix, Arizona 85016-4237 4 Tel: (602) 255-6000 Fax: (602) 255-0103 5 [email protected]; [email protected] 6 SAXENA WHITE P.A. Maya Saxena 7 Joseph E. White, III Christopher S. Jones 8 Lester R. Hooker 2424 N. Federal Highway, Suite 257 9 Boca Raton, FL 33431 Tel: (561) 394-3399 10 Fax: (561) 394-3082 11 Counsel for Lead Plaintiff 12 [Additional counsel appear on signature page] 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 DAVID SHAPIRO, Individually and On Behalf 16 Of All Others Similarly Situated, No. CV-09-1479-PHX-ROS 17 Plaintiff, Amended Class Action 18 Complaint for Violation of v. 19 the Federal Securities Laws MATRIXX INITIATIVES, INC., WILLIAM J. 20 HEMELT, SAMUEL C. COWLEY, TIMOTHY Jury Trial Demanded 21 L. CLAROT, and CARL J. JOHNSON, 22 Defendants. 23 24 25 Lead Plaintiff Axel Alegre de La Soujeole (“Plaintiff”), individually and on behalf 26 of all other persons and entities who purchased or otherwise acquired securities issued by 27 Matrixx Initiatives, Inc. (“Matrixx” or the “Company”) between December 22, 2007 and 28 June 15, 2009 (the “Class Period”), by his undersigned attorneys, alleges the following 1 Case 2:09-cv-01479-ROS Document 30 Filed 09/27/10 Page 2 of 41 1 upon personal knowledge as to allegations specifically pertaining to himself and his own 2 acts, and upon information and belief and in reliance on the investigation of counsel as to 3 all other matters. 4 Plaintiff’s information and belief is based on his investigation (made by and 5 through his attorneys), which investigation included, among other things, a review and 6 analysis of: (a) public documents pertaining to Defendants (as defined herein); (b) 7 Matrixx’s filings with the Securities and Exchange Commission (“SEC”); (c) press 8 releases published by Matrixx; (d) Matrixx conference calls; (e) analyst reports 9 concerning the Company; and (f) newspaper and magazine articles (and other media 10 coverage) regarding Matrixx and its business. 11 I. NATURE OF THE ACTION 12 1. This is a federal securities class action brought on behalf of all purchasers 13 of the common stock of Matrixx who purchased the Company’s common stock during 14 the Class Period, seeking to pursue remedies under the Securities Exchange Act of 1934 15 (the “Exchange Act”). 16 2. Matrixx is a nutrient and drug delivery company that develops, 17 manufactures and markets delivery systems for bioactive compounds. The Company, 18 through its subsidiary, Zicam, LLC, produced, marketed and sold, among other 19 pharmaceutical products, Zicam Cold Remedy nasal gel, Zicam Cold Remedy gel swabs, 20 and Zicam Cold Remedy children’s swabs (“Zicam Cold Remedy Products”). 21 3. During the Class Period, Matrixx sold the Zicam Cold Remedy Products 22 over-the-counter without a prescription for the purpose of combating the symptoms and 23 duration of the common cold. As detailed below, the Zicam Cold Remedy Products are 24 nonprescription drugs subject to certain U.S. Food and Drug Administration (“FDA”) 25 regulations requiring the Company to submit to the FDA any reports of serious adverse 26 events involving the products. 27 4. Unbeknownst to investors, Matrixx had received hundreds of consumer 28 complaints of serious adverse events involving the loss of smell—also known as 2 Case 2:09-cv-01479-ROS Document 30 Filed 09/27/10 Page 3 of 41 1 anosmia—after using the Zicam Cold Remedy Products, and the Company failed to 2 submit these reports to the FDA in violation of FDA regulations. The FDA’s Center for 3 Drug Evaluation and Research and Office of Compliance explained the serious nature of 4 anosmia in a March 11, 2009, memorandum authored by Charles E. Lee, M.D.: 5 Loss of sense of smell may have serious consequences. Patients with 6 anosmia may not be able to detect the smell of a gas leak, smoke, or spoiled food. Loss of taste (ageusia) may accompany anosmia, and may have a 7 major impact on the patient’s quality of life. Anosmia and ageusia may have a significant occupational impact for those employed in the culinary 8 professions. Finally, patients who develop anosmia may be subject to 9 adverse events from diagnostic tests or procedures, such as MRI or CT scans conducted with radiocontrast media, to determine its cause. 10 11 5. The investing public did not become aware of this adverse material 12 information until the Company disclosed that, on or about June 16, 2009, it had received 13 a warning letter from the FDA (the “FDA Warning Letter”) in which the FDA informed 14 Matrixx of several violations involving the Zicam Cold Remedy Products, as detailed 15 below. 16 6. The Complaint alleges that, throughout the Class Period, Defendants failed 17 to disclose material adverse facts about the Company’s operational well-being and future 18 prospects. Specifically, Defendants failed to disclose or indicate that: (1) Matrixx had 19 received notice of hundreds of serious adverse events regarding the Zicam Cold Remedy 20 Products; (2) Matrixx failed to report these incidents to the FDA despite having an 21 obligation to do so; (3) the Company failed to comply with FDA regulations despite 22 repeated assurances of its compliance; and (4) as a result of the foregoing, the Company’s 23 statements about its meeting FDA regulations were false and misleading when made. 24 7. As a result of Defendants’ wrongful acts, false and misleading statements 25 and omissions, which directly caused the precipitous decline in the market value of the 26 Company’s securities, Plaintiff and other Class members have suffered significant losses 27 and damages. 28 3 Case 2:09-cv-01479-ROS Document 30 Filed 09/27/10 Page 4 of 41 1 II. JURISDICTION AND VENUE 2 8. The claims asserted herein arise under and pursuant to §§ 10(b) and 20(a) 3 of the Exchange Act, 15 U.S.C. §§ 78(i)(b), 78(t) and 78t-1(a). 4 9. This Court has jurisdiction over the subject matter of this action pursuant to 5 28 U.S.C. § 1331 because this action arises under the laws of the United States. 6 10. This Court has personal jurisdiction over this action because Matrixx does 7 business in this District and maintains its corporate headquarters in this District. 8 11. In connection with the acts and omissions alleged in this complaint, 9 Defendants, directly or indirectly, used the means and instrumentalities of interstate 10 commerce, including, but not limited to, the mails, interstate telephone communications, 11 and the facilities of the national securities markets. 12 III. PARTIES 13 12. Plaintiff purchased the publicly traded securities of Matrixx at artificially 14 inflated prices during the Class Period and has been damaged thereby, as set forth in his 15 certification which has previously been filed in this litigation and is incorporated by 16 reference. 17 13. Defendant Matrixx is a Delaware corporation and maintains its principal 18 executive offices at 8515 East Anderson Drive, Scottsdale, AZ 85255. Matrixx engages 19 in the development, production, marketing, and sale of over-the-counter (“OTC”) 20 healthcare products. The Company’s common stock traded on the NASDAQ exchange 21 under the symbol “MTXX” at all relevant times during the Class Period. 22 14. Defendant William J. Hemelt (“Hemelt”) has served as the Acting 23 President, Chief Operating Officer and Chief Financial Officer of the Company since 24 October 2008. Hemelt joined the Company in June 1998 as Chief Financial Officer, 25 Treasurer, and Secretary. He served as Secretary until February 2005 and Treasurer until 26 July 2007. 27 15. Defendant Samuel C. Cowley (“Cowley”) has served as the Executive Vice 28 President, Business Development, General Counsel and Secretary of the Company since 4 Case 2:09-cv-01479-ROS Document 30 Filed 09/27/10 Page 5 of 41 1 May 2008. Cowley has served as a member of the Board of Directors of the Company 2 since July 2005. 3 16. Defendant Timothy L. Clarot (“Clarot”) has served as Vice President, 4 Research and Development of the Company since January 2004. Clarot previously 5 served as Director, Research and Development from June 2003 through January 2004, 6 and as Director of Operations from 2001 through June 2003. He joined the Company in 7 1999. 8 17. Defendant Carl J. Johnson (“Johnson”) served as President and Chief 9 Executive Officer of the Company from July 2001 until his retirement on October 31, 10 2008. Johnson served as a consultant of the Company following his retirement. 11 18. Defendants Hemelt, Cowley, Clarot and Johnson are collectively referred to 12 herein as the “Individual Defendants.” The Individual Defendants, together with the 13 Company, are collectively referred to herein as “Defendants.” 14 19. During the Class Period, the Individual Defendants, as senior executive 15 officers and/or directors of Matrixx, were privy to confidential, proprietary and material 16 adverse non-public information concerning the Company, its operations, finances, 17 financial condition and present and future business prospects via access to internal 18 corporate documents, conversations and connections with other corporate officers and 19 employees, attendance at management and/or board of directors meetings and 20 committees, and via reports and other information provided to them. Because of their 21 possession of such information, the Individual Defendants knew or recklessly disregarded 22 that the facts related to Zicam had not been disclosed to, and were being concealed from, 23 shareholders and the investing public.
Load more

Recommended publications
  • Section 4: Business Institute of Bill of Rights Law at the William & Mary Law School
    College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 2010 Section 4: Business Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 4: Business" (2010). Supreme Court Preview. 198. https://scholarship.law.wm.edu/preview/198 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview IV. Business In This Section: New Case: 09-152 Bruesewitz v. Wyeth, Inc. p. 107 Synopsis and Questions Presented p. 107 "SUPREME COURT ACCEPTS APPEAL OVER VACCINE SAFETY" p. 120 Bill Mears "3RD CIRCUIT: KIDS HURT BY VACCINES CAN'T PURSUE DESIGN DEFECT p. 122 CLAIMS" Shannon P. Duffy "VACCINE COURT FINDS No LINK TO AUTISM" p. 125 CN.com "SUIT SAYS MT. LEBANON GIRL SUFFERED SEVERE BRAIN DAMAGE" p. 128 Brian Bowling New Case: 09-329 Chase Bank USA, N.A. V. McCoy p. 130 Synopsis and Questions Presented p. 130 "SUPREME COURT TO HEAR JPMORGAN APPEAL IN CARD CASE" p. 141 James Vicini 7TH CIRCUIT RULES BANK CAN RAISE INTEREST RATE WITHOUT NOTICE p. 142 David Ziemer "BANK OF AMERICA WINS CREDIT CARD FEE LAWSUIT" p. 145 Jonathan Stempel "CREDIT CARD COMPANIES ADD TO ECONOMIC WOES" p. 146 Jann Swanson "CONSUMERS ARE DEALT A NEW HAND IN CREDIT CARDS" p. 148 Ron Lieber New Case: 08-1423 Costco Wholesale Corp. v. Omega, S.A. p. 150 Synopsis and Questions Presented p.
    [Show full text]
  • Zinc Toxicity in Odora Cells
    Zinc Toxicity in Odora Cells A thesis submitted to the University of Cincinnati Division of Graduate Studies in partial fulfillment of the requirements for the degree of Master of Science in the Department of Environmental Health of the College of Medicine by Heidi Hsieh A.B. Harvard University August 2011 Committee: Mary Beth Genter, Ph.D. (Chair) Hassane Amlal, Ph.D. Abstract Zinc has been touted as a panacea for the common cold. However, there has been some controversy over whether Zicam, an intranasal zinc gluconate gel purported to fight colds, causes anosmia, or the loss of the sense of smell. Historical evidence has shown that zinc sulfate solutions can cause anosmia in humans along with significant damage to the olfactory epithelium in rodents. However, more recent work has claimed to show that zinc gluconate is less toxic than zinc sulfate. Using an in vitro system to compare the toxicity of zinc sulfate and zinc gluconate on immature and mature rat olfactory sensory neurons, it was found that the toxicity of both zinc salts was similar with zinc sulfate being slightly more toxic than zinc gluconate and occurred at significantly lower concentrations than that found in Zicam nasal gel, which strengthens the epidemiological link between intranasal zinc exposure and anosmia. Mechanistic studies disproved the hypothesis that zinc toxicity was caused by inhibition of the HVCN1 proton channel which would have led to acidosis and apoptotic cell death. It was found that these immature rat olfactory sensory neurons are able to maintain their intracellular pH through a + + - - Na /H exchanger, specifically NHE1, and a Cl /HCO3 exchanger.
    [Show full text]
  • United States District Court Southern District of New York
    Case 7:15-cv-09843 Document 1 Filed 12/17/15 Page 1 of 32 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALAN GULKIS, individually and on behalf of all others similarly situated, Plaintiff, CLASS ACTION COMPLAINT v. ZICAM LLC and MATRIXX INITIATIVES, JURY TRIAL DEMANDED INC. Defendants. Plaintiff Alan Gulkis (“Plaintiff”), by his attorneys, makes the following allegations pursuant to the investigation of his counsel and based upon information and belief, except as to allegations specifically pertaining to himself and his counsel, which are based on personal knowledge. NATURE OF ACTION 1. Defendants Zicam LLC and Matrixx Initiatives, Inc. (collectively “Defendants”) sell fake medicine to consumers seeking treatment for cold symptoms. Double-blind placebo- controlled trials show that Defendants’ “Zicam Pre-Cold Medicine” is nothing more than a placebo. Even though Defendants know that studies show that the “Pre-Cold Medicine” is no different than a placebo, Defendants represent that the “Pre-Cold Medicine” shortens and reduces the severity of cold symptoms, and that the “Pre-Cold Medicine” prevents full cold symptoms from occurring. Defendants have made millions of dollars selling dummy pills to New York residents. 2. Because Defendants’ Pre-Cold Medicine Products are mere placebos, Defendants’ representations that their Products shorten and reduce the severity of the common cold, as well as their representations that the Products stop full cold symptoms are false and misleading. The 1 Case 7:15-cv-09843 Document 1 Filed 12/17/15 Page 2 of 32 Pre-Cold Medicine includes Zicam Pre-Cold RapidMelts Original, Zicam Pre-Cold RapidMelts Ultra, Zicam Pre-Cold Oral Mist, Zicam Pre-Cold Ultra Crystals, Zicam Pre-Cold Lozenges, Zicam Pre-Cold Lozenges Ultra, and Zicam Pre-Cold Chewables (“Pre-Cold Medicine,” “Pre- Cold Products,” or “Products”).
    [Show full text]
  • ZICAM® COLD REMEDY Drug Facts
    ZICAM COLD REMEDY- galphimia glauca flowering top, luffa operculata fruit, and schoenocaulon officinale seed spray Matrixx Initiatives, Inc. Disclaimer: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy. FDA is not aware of scientific evidence to support homeopathy as effective. ---------- ZICAM® COLD REMEDY Drug Facts Active ingredients Galphimia glauca 4x, Luffa operculata 4x, Sabadilla 4x Purpose Reduces duration and severity of the common cold Uses reduces duration of the common cold reduces severity of cold symptoms: dry, scratchy throat runny nose watery eyes sneezing nasal congestion Zicam® Cold Remedy was formulated to shorten the duration of the common cold and may not be effective for flu or allergies. Warnings For nasal use only Do not use if you have a sensitivity or allergy to any of the ingredients. If an allergic reaction occurs, stop use and seek medical help right away. Ask a doctor before use if you have ear, nose, or throat sensitivity susceptibility to nosebleeds When using this product avoid contact with eyes. Rinse right away with water if it gets in eyes and seek medical help right away. the use of this container by more than one person may spread infection temporary discomfort such as burning, stinging, sneezing, or an increase in nasal discharge may occur Stop use and ask a doctor if symptoms get worse or last more than 7 days or are accompanied by fever redness or swelling is present new symptoms occur If pregnant or breast-feeding, ask a health professional before use. Keep out of reach of children.
    [Show full text]
  • Matrixx Initiatives, Inc. (Exact Name of Registrant As Specified in Its Charter) Delaware 87-0482806 (State Or Other Jurisdiction (I.R.S
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form 10-K (Mark One) ¥ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended March 31, 2009 or n FOR ANNUAL AND TRANSITION REPORTS PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File No. 001-31404 Matrixx Initiatives, Inc. (Exact Name of Registrant as Specified in Its Charter) Delaware 87-0482806 (State or Other Jurisdiction (I.R.S. Employer of Incorporation or Organization) Identification No.) 8515 E. Anderson Drive Scottsdale, AZ 85255 602-385-8888 (Address of principal executive offices, Registrant’s Telephone Number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Name of Each Exchange on Which Registered Common Stock, $.001 par value Nasdaq Global Select Market Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes n No ¥ Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes n No ¥ Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
    [Show full text]
  • Reconciling Their Interests in Regulating Homeopathic Products, 49 J
    UIC Law Review Volume 49 Issue 4 Article 7 Summer 2016 The Food and Drug Administration Versus the Federal Trade Commission: Reconciling Their Interests in Regulating Homeopathic Products, 49 J. Marshall L. Rev. 1193 (2016) Jordannah Bangi Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Administrative Law Commons, Antitrust and Trade Regulation Commons, and the Food and Drug Law Commons Recommended Citation Jordannah Bangi, The Food and Drug Administration Versus the Federal Trade Commission: Reconciling Their Interests in Regulating Homeopathic Products, 49 J. Marshall L. Rev. 1193 (2016) https://repository.law.uic.edu/lawreview/vol49/iss4/7 This Comments is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. THE FOOD AND DRUG ADMINISTRATION VERSUS THE FEDERAL TRADE COMMISSION: RECONCILING THEIR INTERESTS IN REGULATING HOMEOPATHIC PRODUCTS JORDANNAH BANGI* I. THE POPULARITY AND GROWING SAFETY CONCERNS FOR HOMEOPATHIC PRODUCTS SPUR FDA AND FTC SCRUTINY ... 1194 II. HOMEOPATHY AND THE CONFLICT BETWEEN THE FDA AND THE FTC’S POLICIES ON REGULATING HOMEOPATHIC PRODUCTS ......................................................................... 1197 A. The Principles and Practice of Homeopathy ................ 1197 1. Basic Principles of Homeopathy ............................ 1197 2. Types of Homeopathic
    [Show full text]
  • Zicam® Cold Remedy Oral Mist™ Drug Facts
    ZICAM COLD REMEDY ORAL MIST- zinc acetate and zinc gluconate spray Matrixx Initiatives, Inc. Disclaimer: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy. FDA is not aware of scientific evidence to support homeopathy as effective. ---------- Zicam® Cold Remedy Oral Mist™ Drug Facts Active ingredients Zincum aceticum 2x Zincum gluconicum 1x Purpose Reduces duration and severity of the common cold Uses reduces duration of the common cold helps reduce severity of cold symptoms: sore throat stuffy nose sneezing coughing nasal congestion Zicam® Cold Remedy was formulated to shorten the duration of the common cold and was not formulated to be effective for flu or allergies. Warnings For oral use only Sore throat warning If sore throat is severe, persists for more than 2 days, is accompanied or followed by fever, headache, rash, nausea, or vomiting, consult a doctor promptly. Ask a doctor before use if you have a sensitivity to zinc or are allergic to zinc When using this product avoid contact with eyes. Rinse right away with water if it gets in eyes and seek medical help right away. Stop use and ask a doctor if symptoms, including cough, persist, recur or are accompanied by a fever, rash, or persistent headache, or if new symptoms occur. A persistent cough that lasts for more than one week may be a sign of a serious condition. If pregnant or breast-feeding, ask a health professional before use. Keep out of reach of children. In case of overdose, get medical help or contact a Poison Control Center right away.
    [Show full text]
  • Siracusano V. Matrixx Initiatives
    FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JAMES SIRACUSANO, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, No. 06-15677 NECA-IBEW PENSION FUND, D.C. Nos. Claimant-Appellant, CV 04-0886 MHM CV 04-1012 MHM v. OPINION MATRIXX INITIATIVES, INC.; CARL J. JOHNSON; WILLIAM J. HEMELT, Defendants-Appellees. Appeal from the United States District Court for the District of Arizona Mary H. Murguia, District Judge, Presiding Argued and Submitted June 9, 2009—San Francisco, California Filed October 28, 2009 Before: Mary M. Schroeder, A. Wallace Tashima and Carlos T. Bea, Circuit Judges. Opinion by Judge Tashima 14507 14510 SIRACUSANO v. NECA-IBEW PENSION FUND COUNSEL Joseph D. Daley, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, California, for the plaintiff-appellant. Michael G. Yoder, O’Melveny & Myers LLP, Newport Beach, California, for the defendants-appellees. SIRACUSANO v. NECA-IBEW PENSION FUND 14511 OPINION TASHIMA, Circuit Judge: Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx executives (collec- tively “Appellees”) under the Private Securities Litigation Reform Act of 1995 (“PSLRA”). Appellants alleged that Appellees violated the Securities Exchange Act of 1934 by failing to disclose material information regarding Zicam Cold Remedy — specifically, that Zicam causes a condition called anosmia, which is a loss of the sense of smell, in its users.
    [Show full text]
  • Zicam ® Cold Remedy Zinc and Elderberry Lozenge
    ZICAM COLD REMEDY ZINC AND ELDERBERRY LOZENGE- zinc acetate anhydrous, zinc gluconate, and sambucus nigra flowering top lozenge Church & Dwight Co., Inc. Disclaimer: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy. FDA is not aware of scientific evidence to support homeopathy as effective. ---------- Zicam ® Cold Remedy Zinc and Elderberry Lozenge Active ingredients (in each lozenge) Zincum aceticum 2x Zincum gluconicum 2x Sambucus nigra (elderberry) 4x Purpose Active ingredients (in each Purpose tablet) Zincum aceticum 2x Reduces duration of the common cold and helps relieve nasal congestion Zincum gluconicum 2x Sambucus nigra (elderberry) Helps relieve cold 4x symptoms * * Claims based on traditional homeopathic practice, not accepted medical evidence. Not FDA evaluated. Uses Reduces duration of the common cold and helps relieve nasal congestion ------------------------------------------------------------------------------------------------------ Zicam ® Cold Remedy was not formulated to be effective for flu and allergies. Warnings Sore throat warning: If sore throat is severe, persists for more than 2 days, is accompanied or followed by fever, headache, rash, nausea, or vomiting, consult a doctor promptly. If you are allergic or sensitive to zinc, consult a doctor before using. Stop use and ask a doctor if symptoms, including cough, persist, recur or are accompanied by a fever, rash, or persistent headache, or if new symptoms occur. A persistent cough that lasts for more than one week may be a sign of a serious condition. If pregnant or breast-feeding, ask a health professional before use. Keep out of reach of children. In case of overdose, get medical help or contact a Poison Control Center right away.
    [Show full text]
  • Zicam® Cold Remedy Medicated Fruit Drops Drug Facts
    ZICAM COLD REMEDY MEDICATED FRUIT DROPS- zinc acetate anhydrous and zinc gluconate bar, chewable Matrixx Initiatives, Inc. Disclaimer: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy. FDA is not aware of scientific evidence to support homeopathy as effective. ---------- Zicam® Cold Remedy Medicated Fruit Drops Drug Facts Active ingredients (in each medicated drop) Zincum aceticum 2x Zincum gluconicum 2x Purpose Reduces duration and severity of the common cold Uses reduces duration of the common cold helps reduce severity of cold symptoms: sore throat stuffy nose sneezing coughing nasal congestion Zicam® Cold Remedy was formulated to shorten the duration of the common cold and was not formulated to be effective for flu or allergies. Warnings Ask a doctor before use if you have a sensitivity to zinc or are allergic to zinc Stop use and ask a doctor if symptoms persist or are accompanied by a fever or new symptoms occur If pregnant or breast-feeding, ask a health professional before use. Keep out of reach of children. In case of overdose, get medical help or contact a Poison Control Center right away. Directions for best results, use at the first sign of a cold and continue to use until symptoms completely subside adults and children 12 years of age and older: take one medicated drop at onset of symptoms chew slowly and dissolve completely before swallowing repeat every 2 – 3 hours, not to exceed 5 medicated drops in 24 hours. Take until symptoms are gone. to avoid minor stomach upset, do not take on an empty stomach do not eat or drink for 15 minutes after use.
    [Show full text]
  • Timothy Hall, Et Al. V. Hemelt, Et Al. 09-CV-01899-Verified Shareholder
    Case 2:09-cv-01899-SRB Document 1 Filed 09/11/09 Page 1 of 19 1 Eric L. Zagar Robin Winchester 2 BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 3 280 King of Prussia Road 4 Radnor, PA 19087 Telephone: (610) 667-7706 5 Fax: (610) 667-7056 [email protected] 6 [email protected] 7 Robert D. Mitchell, 011922 Julie M. Beauregard, 023093 Sarah K. Deutsch, 026229 8 MITCHELL & ASSOCIATES 9 A Professional Corporation Viad Corporate Center, Suite 1715 1850 North Central Avenue 10 Phoenix, Arizona 85004 Telephone (602) 468-1411 11 Fax (602) 468-1311 [email protected] 12 [email protected] [email protected] 13 www.mitchell-attorneys.com 14 Counsel for Plaintiff 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF ARIZONA 17 TIMOTHY HALL, Derivatively on Behalf of ) 18 Nominal Defendant MATRIXX INITIATIVES, ) INC., ) 19 Plaintiff, ) Case No. 20 v. ) ) 21 WILLIAM J. HEMELT, SAMUEL C. ) COWLEY, CARL J. JOHNSON, L. WHITE) VERIFIED SHAREHOLDER 22 MATTHEWS, III, MICHAEL A. ZEHER,) DERIVATIVE COMPLAINT 23 WILLIAM C. EGAN, LORI H. BUSH, and ) JOHN M. CLAYTON, ) 24 Defendants, ) 25 ) and ) JURY TRIAL DEMANDED 26 ) MATRIXX INITIATIVES, INC., ) 27 ) 28 Nominal Defendant. ) ) Case 2:09-cv-01899-SRB Document 1 Filed 09/11/09 Page 2 of 19 1 Plaintiff Timothy Hall (“Plaintiff”), by the undersigned attorneys, submits this 2 Verified Shareholder Derivative Complaint (the “Complaint”) against the defendants named 3 herein, and alleges upon personal knowledge with respect to himself, and upon information 4 and belief based upon, inter alia, a review of public filings, press releases and reports, and an 5 investigation undertaken by Plaintiff’s counsel, as to all other allegations herein, as follows: 6 NATURE OF THE ACTION 7 1.
    [Show full text]
  • Zicam® Cold Remedy Rapidmelts® Citrus
    ZICAM COLD REMEDY RAPIDMELTS CITRUS- zinc acetate anhydrous and zinc gluconate tablet Matrixx Initiatives, Inc. Disclaimer: This homeopathic product has not been evaluated by the Food and Drug Administration for safety or efficacy. FDA is not aware of scientific evidence to support homeopathy as effective. ---------- ® Zicam® Cold Remedy Rapidmelts Citrus Drug Facts Active ingredients (in each tablet) Zincum aceticum 2x Zincum gluconicum 1x Purpose Reduces duration and severity of the common cold Uses reduces duration of the common cold helps reduce severity of cold symptoms: sore throat stuffy nose sneezing coughing nasal congestion Zicam® Cold Remedy was formulated to shorten the duration of the common cold and was not formulated to be effective for flu or allergies. Warnings Ask a doctor before use if you have a sensitivity to zinc or are allergic to zinc Stop use and ask a doctor if symptoms persist or are accompanied by a fever or new symptoms occur If pregnant or breast-feeding, ask a health professional before use. Keep out of reach of children. In case of overdose, get medical help or contact a Poison Control Center right away. Directions for best results, use at the first sign of a cold and continue to use until symptoms completely subside adults and children 12 years of age and older: take 1 tablet at the onset of symptoms dissolve entire tablet in mouth. Do not chew. Do not swallow whole. repeat every 2–3 hours, not to exceed 7 tablets in 24 hours. Take until symptoms are gone. to avoid minor stomach upset, do not take on an empty stomach do not eat or drink for 15 minutes after use.
    [Show full text]