Consumers and Scotts Miracle-Gro submitted a motion for preliminary approval of a settlement in California federal court arising out of a class action alleging that the lawn company knowingly sold bird food laced with toxic pesticides. The settlement is for up to $85 million, depending on how many class members file claims. The settlement will fully refund money to any class members with valid proof of purchase or retailer records, and up to $100 per household for those class members who no longer have a proof of purchase, as long as sufficient money remains in the settlement fund.
The class is defined as “all persons who, prior to May 1, 2008, purchased and have not yet received a full refund for, a Scotts Miracle-Gro wild bird food product containing Storcide II, Actellic 5E, or their active ingredients, chlorpyrifos-methyl or pirimiphos-methyl, respectively” and to subclasses for claims in California, Missouri and Minnesota.
The case is In re: Morning Song Bird Food Litigation, case number 3:12-cv-01592, in the U.S. District Court for the Southern District of California.
This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.