Dean Innovations contaminated compost $2M class action settlement

Dean Innovations Inc. and two of its upstream suppliers have agreed to a combined $1,955,000 settlement resolving claims that the company sold planting mix and other compost products that may have been contaminated with a herbicide.

The settlement class includes all individuals who purchased White Lightning planting mix, Stinky Bull compost or Fun Guy compost from Dean Innovations between March 1 and June 30, 2020.

The plaintiff claimed Dean Innovations conducted unlawful business practices by violating Oregon ORS 646.608 in one or more ways, particularly by representing its compost products in a false manner. 

On or around June 8, 2020, the plaintiff learned via testing conducted by the Oregon Department of Agriculture that the planting mix she had purchased from Dean Innovations was contaminated with Clopyralid, a toxic and persistent herbicide. 

Shortly after using the defendant’s products, the plaintiff and members of the settlement class began to see distorted new growth on plants. Affected customers needed to clean up and remediate the contaminated portions of their yards, gardens and other landscaped areas to prevent the further spread of the herbicide and additional harmful effects on their plants.

Dean Innovations is a landscaping supply business in Portland, Oregon, that offers for sale planting mixes, composts, soils and other materials for use in residential and commercial landscaping. 

Class members who received notice did not have to file a claim, and will automatically receive a cash reward estimated at $150 to $200. Those who did not receive a notice but believed they were part of the class were required to submit a claim. 

Those who suffered damage to their yard, garden or other landscaped area in an amount that exceeds the cash reward can file a claim to request excess awards from the settlement. Excess awards may be distributed depending on the amount of damage the class member suffered. The amount of the additional award may be affected by the number of claims made.

The deadline to opt out of or object to the settlement has passed. 

A final fairness hearing in the Dean Innovations contaminated compost settlement will take place Jan. 12, 2024.

The extended deadline for class members listed on Exhibit A to file claims for excess awards is Nov. 13, 2023.

Who’s Eligible

Individuals who purchased White Lightning planting mix, Stinky Bull compost or Fun Guy compost from Dean Innovations between March 1, 2020, and June 30, 2020.

Potential Award

$200 (estimated); varies for excess awards.

Proof of Purchase

For excess awards claims, class members must provide a written description of the damage and include documentation such as photos, testing, emails, receipts, etc.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/13/2023

Case Name

Camille Estes v. Dean Innovations Inc., et al., Case No. 20CV22946, in the Multnomah County Circuit Court, Multnomah County, Portland, Oregon

Final Hearing

01/12/2024

Settlement Website

PortlandCompostClaims.com

Claims Administrator

Deans Class Administrator, 
PO Box 1228, 
Baton Rouge, LA 70821
info@PortlandCompostClaims.com
833-511-1345

Class Counsel

David F Sugerman
Nadia H Dahab
SUGERMAN DAHAB

Defense Counsel

Chris Carson
KILMER VOORHEES & LAURICK PC

Kenneth Abere Jr
Brian Thornburg
COSGRAVE VERGEER KESTER LLP

Anna Sortun
Stephanie Grant
TONKON TORP LLP