Courtney Jorstad  |  January 28, 2015

Category: Consumer News

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Scotts EZ SeedA class action lawsuit filed against The Scotts Miracle-Gro Co., alleging that the company engaged in false advertising of a line of its Turf Builder EZ Seed grass seed products, received class certification from a New York federal judge Monday, who also rejected class certification for injunctive relief and warranty claims under New York state law.

U.S. District Judge Vincent Briccetti certified a California class and a New York class of Scotts customers who purchased EZ Seed products that included the statement on the label that it grows grass that is “50% Thicker With Half the Water.”

The allegations in the Scotts EZ Seed class action lawsuit that apply to the California class includes the Golden State’s unfair competition and false advertising laws, Consumer Legal Remedies Act, breach of warranty and unjust enrichment. The New York class includes charges regarding the Empire State’s General Business Law.

Judge Briccetti said that it’s not necessary to certify a class according to Rule 23(b)(2) because Scotts has already removed the “50% Thicker” phrase from its label and injunctive relief isn’t necessary for the class.

The New York federal judge also rejected claims regarding New York breach of express warranty law and common law breach of warranty, because for those to be certified, it would required that each EZ Seed customer be evaluated for “each buyer’s knowledge of the truth or falsity” behind Scotts’ alleged false advertising claims in the class action lawsuit.

Scotts includes a “No Quibble Guarantee,” which states: “If for any reason you, the consumer, are not satisfied after using this product, you are entitled to get your money back. Simply send us the original evidence of purchase and we will mail you a refund check promptly.”

Scotts argued that this guarantee is the ideal way to solve the claims in the EZ Seed class action lawsuit, but Judge Briccetti disagreed, saying that the class action lawsuit was a superior method.

“The No Quibble Guarantee cannot effectuate the punitive purposes of these statutes,” the judge wrote in his ruling. “Second, the No Quibble Guarantee is not publicized ‘in a manner similar to that which would be used to notify consumers that a class has been certified.'”

Judge Briccetti said that Scotts’ argument that the plaintiffs lacked common evidence to make the case for why the product is defective since each person’s experience is different and therefore can’t make a case for a common injury is also rejected.

“These arguments generally represent a misunderstanding of the plaintiffs’ two theories of liability in this case — neither of these theories depend on whether an individual was able to grow grass using EZ Seed,” the judge explained.

In addition, the New York federal judge disagrees with the plaintiffs’ full disgorgement damages model, granting Class Members the EZ Seed profits, saying that the model doesn’t support the theories of liability offered by the plaintiffs.

“Under their first theory, EZ seed is worthless, and plaintiffs would be entitled to all of their money back,” Judge Briccetti said. “Under their second theory, plaintiffs paid a premium for EZ Seed based on false advertising, and would be entitled to recoup that premium.”

The plaintiffs are represented by Scott A. Bursor and Joseph Marchese of Bursor & Fisher PA and Antonio Vozzolo of Faruqi & Faruqi LLP.

Scotts is represented by Samuel Danon, Joshua Kalb, Joshua Paster, Shawn Regan and Jason Sherry of Hunton & Williams LLP.

The Scotts EZ Seed False Advertising Class Action Lawsuit is Arcuri et al v. The Scotts Miracle-Gro Company Inc et al., Case No. 7:12-cv-04727, in the U.S. District Court for the Southern District of New York.

UPDATE: August 2018, the Scotts Turf Builder EZ Seed class action settlement is now open. Click here to file a claim.

UPDATE 2: On Feb. 23, 2019, Top Class Actions viewers started receiving checks worth as much as $45 from the Scotts Turf Builder EZ Seed class action settlement. Congratulations to everyone who filed a claim and got PAID!

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4 thoughts onScotts EZ Seed False Ad. Class Action Is Granted Class Cert.

  1. Marilou Angelo says:

    Bought this , applied it as directed, and nothing. I don’t think there was any grass seed in it. What a waste of money. Buying plain grass seed next time.

  2. Daniel Waters says:

    I too was taken for a ride with this “fake” grass seed. As far as I’m concerned I bought a $66 bag of what looked like instant coffee?

  3. Chris says:

    Where is the claim form?

  4. Celia Ortega says:

    I purchased this product and was very disappointed with their lack of results. Considering the price of what it cost I feel I was taken and will never recommend this product to anyone.

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