Scotts Morning Song Bird Food Settlement Checks In The Mail

Top Class Actions viewers are starting to receive checks in the mail in amounts up to $332 from a Scotts Morning Song bird food class action settlement.

The settlement stems from a class action lawsuit filed against the company by consumers who claimed that the company’s Morning Song Bird Food products were contaminated with pesticides.

The Scotts Morning Song settlement was reached earlier this year in the amount of $85 million for products that were purchased between Nov. 1, 2005 and May 1, 2008.

As part of the Morning Song settlement, certain Class Members who had been automatically identified through records of retailers will receive a full refund for the purchases they made prior to the filing of the Morning Song lawsuit.

A variety of retailers sold Scotts Morning Song bird food, such as Tractor Supply Company, Sam’s Club, PetSmart, Menard, and Orscheln Farm and Home LLC. Those who would not automatically receive a refund were required to fill out a Claim Form by July 1, 2019 and show a sales receipt as proof of purchase.

Those who did not have proof of purchase were eligible to receive up to $100 per household if they submitted a Claim Form and signed the Claim Form affidavit section, according to the Morning Song settlement agreement.

Top Class Actions readers say checks from the Morning Song class action settlement were recently sent in the mail.

Scotts Miracle-Gro wild bird food product allegedly contained Storcide II and Actellic 5E pesticides, the Morning Song class action states.

In June 2012, plaintiffs Laura and Milt Cyphert filed a class action lawsuit against Scotts looking for refunds and other relief for their purchase of Morning Song Bird Food.

In September 2012, a federal court consolidated the Cyphert’s Morning Song lawsuit with other similar lawsuits filed by Ellen Larson and David Kirby, among additional plaintiffs.

Scotts then filed a motion to dismiss the Morning Song class action, which was granted in part and denied in part by a judge. Scotts subsequently sold its wild bird food business and no longer sells the Morning Song Bird Food which was at the center of this class action, according to the Morning Song settlement agreement.

“In total, the Parties briefed over 80 motions, including five motions to dismiss; a class certification motion and two related appeals; motions for both summary judgment and for judgment on the pleadings; and over two dozen discovery motions, including a related discovery appeal in the Sixth Circuit,” the Morning Song settlement agreement notes.

Scotts denied all of the Morning Song class action claims and continues to maintain that they did not commit any wrongful act or violation of the law.

“Taking into account the costs, burden, and uncertainty inherent in any litigation, however, Defendants have concluded that it is desirable and beneficial that the Action be fully and finally settled and terminated in the manner and upon the terms and conditions set forth in this Agreement,” the Morning Song class action settlement stated.

Scotts has also paid $12.5 million in fines to the Environmental Protection Agency and the Department of Justice in 2012 for selling toxic bird seed.

Did you receive a class action settlement refund from Scotts? Let us know in the comments section below.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

The plaintiffs are represented by Jason A. Forge, Rachel L. Jensen, Regis C. Worley Jr., Brian E. Cochran and Michael Albert of Robbins Geller Rudman & Dowd LLP, Douglas P. Dowd and Alex R. Lumaghi of Dowd & Dowd PC, and John J. Driscoll, Christopher Quinn, Gregory Pals and John A. Simon of the Driscoll Firm PC.

The Scotts Toxic Bird Seed Class Action Lawsuit is In re: Morning Song Bird Food Litigation, Case No. 3:12-cv-01592, in the U.S. District Court for the Southern District of California.

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