Scotts EZ Seed Class Action Lawsuit

A website has been established for the Scotts EZ Seed class action lawsuit, which is asking potential Class Members to take action now concerning their participation in the case.

Last year, Scotts Miracle-Gro Company Inc. was sued in a class action lawsuit, alleging the company falsely advertised their Turf Builder EZ Seed products. In January, a New York federal judge certified a Class of New York and California Consumers who purchased Scotts EZ Seed products that included the marketing statement on product’s label claiming that EZ Seed grows grass  “50% Thicker With Half The Water.”

Plaintiffs Michael Arcuri, David A. Browne, Gwen Eskinazi, Stacy D. Lombardo, Lance Moore, Vance Smith, and Nancy Thomas filed this Scotts EZ Seed class action lawsuit on behalf of themselves and other similarly situated consumers who bought Scotts EZ Seed products under the belief that this product would grow grass thicker than normal seed products with less water. According to the plaintiffs, Scotts EZ Seed does not grow grass at all or alternatively does not deliver on its promise to grow grass 50 percent thicker than ordinary grass seed.

This Scotts EZ Seed class action lawsuit brings several allegations against Scotts Miracle-Gro Company, including fraud-based, warranty, contract, and unjust enrichment claims. Although Scotts has already removed the phrase from current EZ Seed products’ labels, this action does not offer relief to California and New York consumers who have purchased the product in the past based on the alleged false advertising claims.

According to the Scotts EZ Seed class action website, “The Court has not yet decided whether Scotts did anything wrong. There are no benefits available now, and no guarantee there will be.” However, Class Members’ legal rights are affected by the certification of the consumer Class and each potential Class Member must decide whether to do nothing and stay in the Scotts EZ Seed litigation, or to exclude themselves from the Class.

By doing nothing and staying on as a Class Member, you must await the outcome of the Scotts EZ Seed class action lawsuit, which allows you to retain the possibility of receiving settlement money or other benefits, should a settlement between the parties be reached. However, by doing so you forfeit your right to sue Scotts in an individual lawsuit for the same legal claims brought forth in this class action lawsuit.

Should you choose to exclude yourself from the Scotts EZ Seed class action lawsuit, you will keep your rights to sue Scott individually for the same legal claims, but you will not receive the benefits of a potential class action settlement.

Scotts EZ Seed Class Members will have until Sept. 21 to submit an exclusion form if they do not wish to participate in this class action litigation.

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!

Who’s Eligible

According to the Scotts EZ Seed class action website, the certified Class includes all individuals who purchased an EZ Seed product in the State of California or New York that featured this claim:”50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary.”

If you believe that you are a Class Member, you have until Sept. 21, 2015 to decide to continue as part of the Scotts EZ Seed consumer Class or to exclude yourself from this litigation.

Potential Award

N/A. The litigation is still in progress and a settlement has not been reached.

Proof of Purchase

N/A

Request for Exclusion

Exclusion Deadline

09/21/2015

Case Name

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.

Final Hearing

N/A. The litigation is still in progress and a settlement has not been reached.

Settlement Website

www.EZSeedLawsuit.com

Claims Administrator

In re: Scotts EZ Seed Litigation
c/o GCG
P.O. Box 10208
Dublin, Ohio 43017-3908

If you have questions about the Scotts EZ Seed litigation, you may contact Class Counsel by emailing [email protected] or by writing to the address listed above.

Class Counsel

BURSOR & FISHER, P.A.
FARUQI & FARUQI, LLP

Defense Counsel

HUNTON & WILLIAMS LLP