Scotts EZ Seed Class Action Settlement Approved

On December 19, 2018, Judge Vincent L. Briccetti of the United States District Court for the Southern District of New York granted final approval to the class action settlement in In re Scotts EZ Seed Litigation. Bursor & Fisher filed the lawsuit in 2012 alleging that Scotts EZ Seed Turf Builder was mislabeled with a false and misleading claim that it grew grass “50% Thicker With Half The Water.”

The settlement followed more than six years of litigation, during which Judge Briccetti appointed Bursor & Fisher, P.A. as class counsel to represent purchasers of EZ Seed bearing the “50% Thicker” claim in New York and California. The parties resolved their disputes in the midst of preparing for trial.

“This is a tremendous settlement for purchasers of Scotts EZ Seed,” said Joseph I. Marchese, one of the firm’s partners handling the matter. “The total value of the settlement was estimated at more than $47 million. Under the settlement, class members can receive a full cash refund for up to six units of EZ Seed with proof of purchase, or a $15 cash refund per unit of EZ Seed purchased up to three units without proof of purchase.”