United States District Court Southern District of New York Case No. 12-cv-4727(VB)(PED)
If You Purchased Scotts Turf Builder EZ Seed®,
You May Be Eligible to Get $15 Or More Per Package from a Class Action
A Settlement has been reached in a class action lawsuit. Purchasers of Scotts Turf Builder EZ Seed® (“Scotts EZ Seed”) sued The Scotts Miracle-Gro Company, Inc. and The Scotts Company LLC (collectively “Scotts”), alleging fraud-based, warranty, contract, and unjust enrichment claims alleging that EZ Seed® does not grow grass “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary.” (“50% Thicker Claim”) as advertised. Defendants deny the allegations in the lawsuit. The Court has not decided whether Scotts did anything wrong. The parties agreed to the Proposed Settlement to resolve the lawsuit.
You are eligible to participate in this Settlement if you purchased any variety of Scotts EZ Seed bearing the 50% Thicker Claim in California or New York from January 1, 2009 through September 30, 2014.To receive payment under the Settlement, you must submit a Claim Form.Settlement Class Members who do not exclude themselves from the Settlement will be bound by the Settlement even if they do not submit Claim Forms.
For Settlement Class Members who submit valid Claim Forms without Proof of Purchase, Scotts will pay up to $45.00, i.e., $15.00 each for up to three packages of Scotts EZ Seed bearing the 50% Thicker Claim bought in California or New York from January 1, 2009 through September 30, 2014.
The Settlement also allows Settlement Class Members who submit valid Claim Forms, along with Proof of Purchase showing the purchase price of their Scotts EZ Seed bearing the 50% Thicker Claim, to receive a full refund of the purchase price for six packages of product.Settlement Class Members who submit valid Claim Forms with Proof of Purchase showing a purchase of Scotts EZ Seed bearing the 50% Thicker Claim that does not reveal the purchase price will receive a payment of $15.00 for each such package up to and including six packages.
The Parties have further agreed that Scotts will pay the costs to administer this Settlement, plus reasonable attorneys’ fees, costs and expenses, and a payment to the seven named Plaintiffs.
read the website carefully and in its entirety. Your
rights may be affected by the Proposed Settlement of this Lawsuit, and
you have a choice to make now about how to act:
Rights and Options
Submit A Claim Form Online or Postmarked By December 4, 2018
This is the only way to receive a
monetary payment from the Proposed Settlement.By remaining in the Settlement, whether or not you submit a claim, you
will give up any rights to sue Scotts separately about the same legal claims
in this lawsuit.
Exclude Yourself From The Class By October 19, 2018
If you opt out of the
Proposed Settlement, you will not be eligible to receive the monetary payment,
but you will keep your right to sue Scotts about the same legal
claims in this lawsuit. Requests for exclusion must be postmarked by October 19, 2018 and mailed to Scotts EZ Seed Litigation, c/o Claims Administrator,
PO Box 8748, Philadelphia, PA, 19101-8748.
Object Or Comment By October 19, 2018
write to the Court about why you do, or do not, like the Settlement. You must
remain in the class to comment in support of or in opposition to the
Settlement. Objections and comments must be filed with the Court and served
on the Parties by October 19, 2018.
Appear in the Lawsuit or Attend a Hearing on December 19, 2018 at 9:30 A.M. Eastern
You may ask
to speak in Court about the fairness of the Settlement. Written notice of
your intent to appear in the Lawsuit must be filed with the Court and served
on the Parties by November 28, 2018. You may enter your appearance in Court through an
attorney at your own expense if you so desire.
nothing, you will not receive the monetary payment.You will also give up any rights to sue
Scotts separately about the same legal claims in this lawsuit.
rights and options – and the
deadlines to exercise them – are further explained in this website.
The Court in charge of this
case still has to decide whether to approve the Settlement. The Settlement Benefit (i.e., the monetary payments
described herein) will be made available if the Court approves the
Settlement, and after any appeals are resolved, if they are resolved in
favor of settlement approval.
If you have any questions,
please read on this website.
This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.