Zicam Lawsuit: $6M Settlement Opens Claims for Customers

Company
Church & Dwight Co., Inc.

Why
Misleading advertising

Total Settlement Amount
$6M

Maximum Individual Claimant Award
$30

Claim Deadline
February 21, 2025

The Zicam lawsuit has resulted in a substantial $6 million settlement following allegations of false advertising about their cold remedy products. This class action lawsuit addressed claims that Church & Dwight Co. Inc., the parent company of Zicam, misled consumers about their over-the-counter cold medicine's ability to reduce cold symptoms and shorten illness duration.

As a result of this lawsuit settlement, we can now confirm that consumers who purchased any Zicam-branded products before October 17, 2024, may be eligible for compensation. Those with proof of purchase can receive up to $30 for six products, while those without receipts can claim up to $10 for two products. While Church and Dwight Co denies any wrongdoing, they have agreed to resolve these claims through this settlement, with final approval scheduled for February 28, 2025.

Zicam Agrees to Pay $6M for Misleading Cold Remedy Claims

Church & Dwight Co. Inc., the manufacturer of Zicam cold remedy products, has agreed to a $6 million settlement to resolve allegations of misleading advertising. The lawsuit centers on claims that the company falsely advertised their cold remedy products' ability to reduce cold severity and duration.

The settlement establishes a clear compensation structure for affected consumers, also known as class members. Customers who can provide proof of purchase for up to six Zicam products are eligible to receive $5 per product, with a maximum cash payment of $30. Furthermore, those without proof of purchase can claim $2.50 per product for up to two items, totaling a maximum of $5.

Notably, this settlement covers all Zicam-branded products purchased in the United States prior to October 17, 2024. The claim deadline has been extended to February 21, 2025, providing consumers additional time to submit their requests for settlement payments.

Church and Dwight Co maintains its position of no wrongdoing in this matter. Additionally, the company has agreed to implement significant changes to their product labeling. Consequently, Zicam products will now include qualifying statements and disclosures, such as "individual results may vary," to provide consumers with more accurate expectations about Zicam effectiveness.

This settlement addresses concerns raised by plaintiffs who argued that Zicam's marketing created unrealistic expectations about the products' effectiveness in providing cold symptom relief. The resolution aims to ensure more transparent communication about product benefits while providing compensation to affected class members.

How Can Customers File Claims for Compensation?

Eligible consumers can now submit claims for compensation through the official Zicam settlement website. Individuals who purchased Zicam-branded products in the United States, including districts, territories, or tribal reservations before October 17, 2024, qualify for compensation.

The settlement offers two compensation tiers based on documentation. With proof of purchase, consumers can claim $5.00 per product for up to six products, reaching a maximum of $30.00. Those without receipts can receive $2.50 per product for up to two products, totaling $5.00.

For proof of purchase claims, consumers must provide documentation showing:

• Purchase date

• Purchase location

• Price paid

Currently, the settlement fund allocation divides into specific portions, with one-third reserved for claims with proof of purchase and two-thirds for claims without proof. Moreover, claims are limited to one per household, regardless of the number of residents.

The final compensation amounts may fluctuate depending on the total number of approved claims. Subsequently, if approved claims exceed the available funds, individual payment amounts will be reduced proportionally.

According to the settlement terms, consumers must submit their settlement claim form by February 21, 2025. The claims administrator will begin processing payments approximately 75 days after the final approval hearing, scheduled for February 28, 2025, provided no appeals are filed.

What Changes Must Zicam Make to Product Labels?

Under the settlement terms, Zicam must implement significant changes to their product labeling. The company will add qualifying statements to all Class Products bearing marketing claims that were challenged in the lawsuit. Primarily, these modifications require adding the disclosure "individual results may vary" or similar language to product labels.

The labeling changes extend beyond simple disclaimers. These modifications stem from a history of concerns about product safety and marketing claims. In 2009, the FDA received 130 reports from consumers and doctors about people losing their sense of smell after using Zicam nasal products. At that time, there was no warning about this potential side effect on the product labels.

The new label requirements will remain in effect for 36 months from the Implementation Date. During this period, Zicam has flexibility in how they incorporate these changes. The company may place the required disclosures anywhere on their product labels, either standalone or in connection with other statements.

In effect, these modifications address broader concerns about consumer awareness. The FDA previously identified that Zicam's Cold Remedy products were "misbranded" and posed potential risks to consumers. Through these mandated changes, Church & Dwight Co. Inc. aims to provide more transparent information about their products' ability to shorten duration of colds and lessen severity of colds, helping consumers make informed purchasing decisions.

Conclusion

The resolution addresses long-standing concerns about Zicam false advertising while establishing a clear path for customer compensation. Above all, affected customers now have options to recover between $5 and $30 for their purchases, depending on available documentation.

The settlement's impact extends beyond monetary compensation. Consequently, Zicam must revise their product labels with clearer disclaimers about varying results, addressing previous FDA concerns about consumer safety and marketing transparency. These changes reflect a broader commitment to honest advertising practices in the over-the-counter cold medicine market.

Therefore, class members who purchased Zicam products before October 17, 2024, should review their eligibility and submit claims by February 21, 2025. The settlement's final approval hearing on February 28, 2025, will pave the way for compensation distribution, provided no appeals emerge. It's worth noting that a portion of the settlement will cover attorneys' fees and service awards for the plaintiffs who brought the lawsuit.