Zicam Recall Highlights Difficulties in Pursuing Defective Products Claims in New York

After receiving over 100 complaints from consumers that had suffered either diminished or complete loss of their sense of smell following use of Matrixx's Zicam cold products, the FDA sent a warning to Matrixx, who in turn voluntarily recalled these Zicam products. While you might be inclined to think that by issuing this recall Matrixx has effectively conceded that their product was and is defective, and actually caused these consumer's claimed injuries, a more careful reading of Matrixx's public statement behind the recall makes clear that they intend to vigorously defend the efficacy of their product, citing over 10 years of product research and millions of units sold to satisfied consumers as proof. As you should suspect, neither of these hurdles is easily overcome when trying to prove a defective products or negligence lawsuit.

In short, this is one major reason why there are so few successful defective products lawsuits.