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.
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”).
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.
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.
L. Timothy Fisher
Bursor & Fisher, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
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.
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.
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 email@example.com, or by writing to: Zicam Class Action, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479.