Scotts Class Action Says Turf Builder EZ Seed is Worthless

The Scotts Miracle-Gro Company makes false claims about the efficiency and water requirements of its Turf Builder EZ Seed product in violation of Pennsylvania state law, a recent class action lawsuit claims.

Scotts EZ Seed is a turf building product made of a combination of grass seed, mulch, and fertilizer.

According to plaintiff Pete Kasich, the product is advertised as a “[r]evolutionary seeding product[] [that] contain[s] a super absorbent growing material that absorbs water and expands to surround seed in a moist, protective layer. The mix then cares for seeds, infusing them with water and nourishment, so they can build strong roots that survive tough conditions – making it easy for you to grow grass, guaranteed!”

Scotts Turf Builder EZ Seed is also allegedly marketed as making grass grow “50% THICKER WITH HALF THE WATER” when compared to ordinary seed products.

However, these claims are false and misleading, according to Kasich’s Scotts EZ Seed class action lawsuit.

NexGen, the largest turfgrass development institution in North America, reportedly studied the efficiency of Scotts EZ Seed and its performance claims. Specifically, NexGen evaluated claims that Scotts EZ Seed grows grass 50 percent thicker with half as much water.

In a trial where Scotts EZ Seed received half as much water as the other seed products tested, the EZ Seed allegedly failed to produce “any seedlings under half water conditions throughout the 32-day testing period.” Every other seed used in the trial reportedly grew seedlings within the trial period.

The NexGen seed study concluded that “sufficient water was applied throughout the study to establish and maintain the ‘ordinary’ products and the [competing branded product]. Therefore, EZ Seed should be able to produce a thick stand of plants as illustrated on the label with half the amount of water. Our results showed that EZ Seed could not establish under the half water rate conditions described in this study.”

Kasich says Scotts knew or should have known that their marketing claims were false and misleading, but continued to mislead consumers about the efficacy of their products.

The Scotts EZ Seed class action lawsuit accuses the company of violations of the Magnuson-Moss Warranty Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.

Kasich also brings claims of breach of express warranty and breach of implied warranty of merchantability under Pennsylvania state law.

Similar claims against Scotts EZ Seed have resulted in a recent settlement. California and New York consumers who purchased Scotts EZ Seed between Jan. 1, 2009 and Sept. 30, 2014 may be able to collect up to $90 in compensation.

Kasich seeks to represent a Class of Pennsylvania consumers who purchased Scotts EZ Seed products within the last six years.

The Scotts EZ Seed class action seeks compensatory damages, monetary damages, restitution, disgorgement, punitive damages, court costs, and attorneys’ fees.

Kasich and the proposed Class are represented by Benjamin J. Sweet of Carlson Lynch Sweet Kilpela & Carpenter LLP and Scott A. Kamber of KamberLaw LLC.

The Scotts EZ Seed Class Action Lawsuit is Kasich v. The Scotts Miracle-Gro Company Inc., et al., Case No. 2:18-cv-01373-JFC, in the U.S. District Court for the Western District of Pennsylvania.