Court Cuts Short Challenge To Zicam's "Clinically Proven To Shorten Colds" Claims

• Published date: 16 December 2021
• Law Firm: Proskauer Rose LLP
• Author: Mr Baldassare Vinti, Jeffrey H. Warshafsky and Jessica M. Griffith

In Yamasaki v. Zicam, LLC, Case No. 21-cv-2596 (N.D. Cal. 2021), Plaintiff alleged certain Zicam® cold remedy products were falsely advertised as "clinically proven to shorten colds." On this basis, Plaintiff sought to represent a putative class of California consumers for seven different Zicam products. Zicam, represented by Proskauer, moved to dismiss Plaintiff's amended complaint in its entirety. Judge Gilliam granted the motion, agreeing with Zicam that Plaintiff failed to state a claim for relief.

Under California law, a private litigant may not challenge advertising claims on the ground that the advertiser allegedly lacks...