Melgar v. Zicam LLC and Matrixx Initiatives, Inc.

MELGAR V. ZICAM LLC AND MATRIXX INITIATIVES, INC.
United States District Court for the Eastern District of California

If You Purchased Certain Zicam Products, You May Be Eligible to Receive a Payment as Part of a Proposed Class Action Settlement

WHAT IS THIS ABOUT?

A Proposed Settlement has been reached in a class action lawsuit in the United States District Court, Eastern District of California, (the “Action”) that may affect your rights.  The Plaintiff claims that Zicam LLC and Matrixx Initiatives, Inc. (“Zicam”), made false and misleading statements about the effectiveness of certain Zicam products in violation of state and federal law.  Zicam denies this claim.  The Court has not ruled in favor of Plaintiff or Zicam.  Instead, the parties agreed to a Proposed Settlement to avoid the expense and risks of continuing the lawsuit.

AM I A MEMBER OF THE CLASS?

The class is defined as all residents of the United States of America who purchased any of the following Zicam products in the United States from February 15, 2011 through June 5, 2018: RapidMelts Original, RapidMelts Ultra, Oral Mist, Ultra Crystals, Liqui-Lozenges, Lozenges Ultra, Soft Chews, Medicated Fruit Drops, and Chewables (the “Products”).

WHAT DOES THE SETTLEMENT PROVIDE?

Subject to Court approval, the parties have agreed to a Settlement under which Zicam will pay $16 million in cash.  In addition to paying class member claims, the $16 million settlement fund will be used to pay notice and administration costs, Plaintiff’s attorneys’ fees, Plaintiff’s costs and expenses, and an incentive award to the Class Representative.

To recover a cash payment as part of this Settlement you must submit a Claim Form forthe Products you purchased during the class period.  Claims based on purchases of up to five units of the Products will be paid without requiring proof of purchase.  Claims based on purchases of six or more of the Products will require proof of purchase.  Your payment will be adjusted based on the number of claims submitted. This adjustment may increase or decrease your recovery.

WHAT ARE MY RIGHTS?

You have a choice of whether to stay in the Class or not, and you must decide this now.  If you stay, you will be legally bound by all orders and judgments of the Court, and you won’t be able to sue, or continue to sue, Zicam as part of any other lawsuit involving the same claims that are in this lawsuit.  This is true even if you do nothing.

  1. You Can Accept the Settlement.  Class Members who wish to receive a cash recovery must submit claims by October 3, 2018.  You can file a Claim Form on this website under the File a Claim section to the left.  Read the instructions carefully, fill out the form, and submit it online on or before October 3, 2018.  Alternatively, you may also submit a Claim Form by mailing it to the following address:  Zicam Class Action, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.  It must be postmarked no later than October 3, 2018.  If you fail to submit a timely Claim Form and do not exclude yourself from the Settlement, then you will be bound by the Settlement but will not receive any cash.
  2. You Can Object to the Settlement.  If you believe any part of the Settlement is unsatisfactory, you may file a written objection with the Clerk of the Court for the Eastern District of California and send copies to the following Counsel representing the Class and Zicam:
    Plaintiff’s Counsel
    L. Timothy Fisher
    Bursor & Fisher, P.A.
    1990 North California Blvd., Suite 940
    Walnut Creek, CA 94596
    Zicam’s Counsel
    Robyn E. Bladow
    Kirkland & Ellis LLP
    333 South Hope Street
    Los Angeles, CA 90071

    Objections to the Settlement will be considered by the Court, but only if such objections are filed in writing with the Court and sent to Plaintiffs’ and Zicam’s counsel by October 3. 2018. 

  3. You Can “Opt Out” of the Settlement.  If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you won’t get any cash recovery from the Proposed Settlement.  To exclude yourself, mail notice including your name, current address, signature, and a statement that you want to be excluded from Melgar v. Zicam LLC, Case No. 2:14-cv-00160-MCE-AC, to Zicam Class Action, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.   Such notice must be postmarked no later than October 3, 2018. 

THE FAIRNESS HEARING

On November 15, 2018, at 2:00 pm, the Court will hold a hearing in the United States District Court for the Eastern District of California to determine: (1) whether the Proposed Settlement is fair, reasonable, and adequate and should receive final approval; and (2) whether the application for Plaintiff’s attorneys’ fees of up to one-third of the total $16 million settlement fund, plus reimbursement of out-of-pocket expenses, should be granted.  Objections to the Settlement will be considered by the Court, but only if such objections are filed as explained above.  You may hire your own lawyer to appear in Court for you if you wish; however, you will be responsible for paying that lawyer.

HOW CAN I GET MORE INFORMATION?

If you would like to read the more detailed notice or other documents about this lawsuit and your rights, you may view these documents under the Notice page, the File a Claim page or the Court Documents page of this website.

You may also contact the Settlement Administrator by email at info@rg2claims.com, or by writing to: Zicam Class Action, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.