Who is a Class Member
You are included in the Scotts EZ Seed class action settlement if you “purchased any variety of Scotts EZ Seed® bearing the claim “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary.” in California or New York from January 1, 2009 through September 30, 2014, inclusive.
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Estimated Award
- Up to $90
Class members who submit a valid and timely claim form, along with Proof of Purchase showing can receive a full refund of the purchase price for up to six packages of product.
Class Members who do not submit proof of purchase along with their claim form, will receive a payment of $15.00 each for up to three packages of Scotts EZ Seed.
Proof of Purchase
- N/A
Note: If you do provide proof up purchase, you can claim up to $90. If you do not submit proof a purchase, your payout will be limited to up to $45.
Claim Form
Scotts EZ Seed Settlement Notes
- In re: Scotts EZ Seed Litigation
- Case No. 12-cv-4727
- Pending in the U.S. District Court for the Southern District of New York
In August 2012, five named plaintiffs filed this class action lawsuit against the Scotts Miracle-Gro Company claiming its mulch-grass seed product Scott EZ Seed did not perform as advertised.
According to the complaint, the label on Scotts EZ seed says it is supposed to grow grass “50% Thicker With Half the Water” compared to ordinary seed. But, the plaintiffs allege that this is not the case and contend that the super-absorbent mulch competes with the germinating seed for available moisture and actually prevents it from growing,
“EZ Seed’s defective design was confirmed by its complete failure to grow grass in scientific tests conducted precisely in accordance with the labeled instructions. Not once. Not twice. But four times. In studies conducted at the NexGen Turf Research, LLC (“NexGen”) facilities in Albany, Oregon, EZ Seed failed to grow any grass at all. EZ seed did not just fail to grow grass “50% THICKER WITH HALF THE WATER,” as promised on the label. It failed to grow any grass at half water rates,” the EZ seed class action states.
Scotts denies the allegations but agreed to settle the case to avoid further litigation. Complete details about the case and settlement are provided on the Scotts EZ Seed settlement website.
Class members who wish to object to or exclude themselves from the Scotts EZ Seed settlement must do so by October 19, 2018. Class members who wish to participate in the settlement must submit a claim form on or before December 4, 2018.
Important Dates
- 12/4/18: Claim Form Deadline
- 10/19/18: Objection or Exclusion Deadline
- 12/19/18: Final Hearing at 9:30 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.GrassSeedSettlement.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: Scotts EZ Seed Litigation, c/o Heffler Claims Group, Claims Administrator, P.O. Box 8748, Philadelphia, PA 19101-8748
- Phone: 1-844-271-4786
Class Counsel
- Scott A. Bursor, Joseph I. Marchese, Neal Deckant, and Yitzchak Kopel of Bursor & Fisher PA
- Nadeem Faruqi and Timothy Peter of Faruqi & Faruqi LLP
Settlement Website