Scotts Agrees to $85M Toxic Bird Seed Class Action Settlement

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Consumers have secured an $85 million settlement agreement in a class action lawsuit alleging Scotts Miracle-Gro Company sold toxic bird seed.

According to the toxic bird seed class action lawsuit, Scott’s Morning Song Bird Food was contaminated with pesticides that harmed wild bird populations.

Scotts recalled 70 million bags of the bird seed product and was hit with $12.5 million in fines by the Environmental Protection Agency.

The toxic bird seed class action lawsuit was lodged in 2012 after consumers complained that the company had been secretive about the harmful chemicals contained in its products.

In addition to the Morning Song Bird Food product, all Scotts Miracle-Gro wild bird seed products were eventually included in the Scotts class action.

Scotts tried to dodge the bird seed class action lawsuit several times, arguing that consumers would not have considered bird seed laced with toxic chemicals, a factor in deciding to purchase the product.

The company reportedly blocked employees from testifying in the toxic bird seed class action lawsuit, but despite these efforts, the plaintiffs’ proposed Class was certified.

“Both plaintiffs and defendants believe in the merits of their cases and compromised to reach this result,” noted the stipulation of Scotts bird seed class action settlement.

“Significant risk existed as to both sides. This settlement resolves that risk and provides immediate relief to settlement class members, who will not have to face the uncertainty and delay of further litigation, including summary judgment, trial and appeals.”

Under the terms of the toxic bird seed class action settlement, Class Members can claim a full refund with proof of purchase or up to $100 per household. Class Members with proof of purchase will be paid out of the settlement fund first. Those without will be paid with any leftover funds.

“Without regard to the amount of the settlement fund, all eligible settlement class members receiving retailer-­identified refunds and proof of purchase refunds will receive refunds equaling 100% of their purchases,” states the motion for preliminary approval of the Scotts bird food class action settlement.

Class Members include those who purchased a Scotts Miracle-Gro wild bird seed product containing with Storcide II, Actellic 5E, or their active ingredients, chlorpyrifos-methyl or pirimiphos-methyl before May 1, 2008. Additional subclasses include consumers in California, Missouri and Minnesota.

“Defendants deny all of the claims and contentions in the Action, any wrongdoing, any liability to Plaintiffs or any Settlement Class Member, and any alleged wrongdoing or liability arising out of or relating to any of the conduct, statements, acts, or omissions alleged in the Action,” notes the motion for preliminary approval.

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 motion concludes.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Jason A. Forge, Rachel L. Jensen, Michael Albert and Rachel A. Cocalis of Robbins Geller Rudman & Dowd LLP; Douglas P. Dowd and Alex R. Lumaghi of Dowd & Dowd PC; and John J. Driscoll, Christopher Quinn and Gregory Pals 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.

UPDATE: March 2019, the Scotts Morning Song Bird Food class action settlement is now open. Click here to file a claim.

UPDATE 2: On Dec. 21, 2019, Top Class Actions viewers started receiving checks in the mail worth as much as $332. Congratulations to everyone who filed a claim and got PAID!