WASHINGTON (AP) -- The Supreme Court has agreed to let a group of investors sue the makers of the now-discontinued Zicam nasal cold remedies.
The 9th U.S. Circuit Court of Appeals had overturned a lower court's decision to throw out investors' lawsuits against Matrixx Initiatives Inc.
Investors had complained that they should have been told that Zicam might cause users to lose their sense of smell, even though there were no studies that conclusively proved that allegation. A federal judge threw out the lawsuit because there was no statistical proof at that time that the loss of smell was directly linked to Zicam.
But the appeals court said the lawsuit should have been allowed to move forward and the high court agreed in a unanimous decision.