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Consumer Law
Consumer Protection
Misleading Packaging

People v. Matrixx Initiatives Inc., Zicam, LLC

Published: Feb. 5, 2011 | Result Date: Dec. 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 34-2010-00092518 Settlement –  $429,000

Court

Sacramento Superior


Attorneys

Plaintiff

Stuart C. Lytton


Defendant

William A. Hanssen
(Drinker, Biddle & Reath LLP)


Facts

Los Angeles and four other counties brought a consumer protection lawsuit against the manufacturer of Zicam allergy and cold medicines. The complaint alleged that Matrixx Initiatives Inc., the manufacturer, sold Zicam products in packages with extra space, thereby misleading consumers regarding the actual size of over-the-counter medications.

The other counties included: Sacramento, Fresno, Shasta, and Riverside counties.

Result

The company agreed to pay nearly $429,000 to settle the lawsuit without admitting liability. In addition, the company agreed to pay a fine and modify the size of its packaging in the future.


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