NEW YORK, Aug. 3, 2015 /PRNewswire/ -- The following statement regarding In re Scotts EZ Seed Litigation, Case No. 12-cv-4727, is being issued by Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP and was authorized by a federal court. This is not a solicitation from a lawyer.
You may be affected by a class action lawsuit alleging fraud-based, warranty, contract, and unjust enrichment claims against The Scotts Miracle-Gro Company, Inc. and The Scotts Company LLC (collectively "Scotts") alleging that EZ Seed® does not grow grass at all or, in the alternative 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," as advertised.
The lawsuit is called In re Scotts EZ Seed Litigation, Case No. 12-cv-4727, and is in the United States District Court for the Southern District of New York. The Court decided this lawsuit should be a class action on behalf of a "Class," or group of people, that could include you. This notice summarizes your rights and options. More information is in a detailed Notice available at the website below. If you're included, you have to decide whether to stay in the Class and be bound by the results, or ask to be excluded and keep your right to sue Scotts. The validity of the claims has not been proven. There is no money available now and no guarantee that there will be.
ARE YOU AFFECTED?
The Class includes "all persons who purchased EZ Seed in the States of California or New York containing the label statement '50% Thicker With Half the Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary.' " If you purchased Scotts EZ Seed® labeled "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, you are a Class Member, and your rights may be affected.
WHO ARE THE DEFENDANTS?
The defendants are The Scotts Miracle-Gro Company, Inc. and The Scotts Company LLC. They are collectively referred to as "Scotts."
WHAT IS THIS CASE ABOUT?
Beginning in 2009 Scotts manufactured the Scotts EZ Seed® combination grass seed product. Plaintiffs claim that Defendant mislabeled the product as effective for growing grass, and as capable of growing grass "50% Thicker With Half the Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary," when it was neither. The lawsuit seeks to recover compensatory relief up to a full refund. Plaintiffs also seek to obtain all such other relief to which they may be entitled pursuant to California and New York law, including, without limitation, actual, statutory, and punitive damages.
Scotts denies any wrongdoing and denies the Plaintiffs' allegations. Scotts contends that science supports their claim. The Court has not decided whether the Plaintiffs' claims have any merit. During the remainder of the suit, the Plaintiffs will have to prove their allegations.
WHO REPRESENTS YOU?
The Court appointed the law firms of Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP to represent you as "Class Counsel." You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf. Michael Arcuri, David A. Browne, Gwen Eskinazi, Stacy D. Lombardo, Lance Moore, Vance Smith, and Nancy Thomas are the named Plaintiffs and have been appointed as the "Class Representatives."
WHAT ARE YOUR OPTIONS?
You have a choice of whether to stay in the Class or not, and you must decide this now. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won't be able to sue, or continue to sue, Scotts as part of any other lawsuit involving the same claims that are in this lawsuit. If money or benefits are obtained, you will be notified about how to get a share. To stay in the Class, you do not have to do anything now.
If you ask to be excluded from the Class, you cannot get any money or benefits from this lawsuit if any are awarded, but you will keep any rights to sue Scotts for these claims, and will not be bound by any orders or judgments of the Court. To ask to be excluded, send a letter to the address below. This letter must actually be received by the addressee on or before September 21, 2015. Your letter must contain: (1) the name of this lawsuit; (2) your full name and current address; (3) a clear statement of intention to exclude yourself; and (4) your signature.
HOW CAN YOU GET MORE INFORMATION?
If you have questions or want a detailed notice or other documents about this case and your rights, visit www.EZSeedLawsuit.com. You may also contact Class Counsel by email at email@example.com, or by writing to: In re Scotts EZ Seed Litigation, c/o GCG, P.O. Box 10208, Dublin, Ohio 43017-3908.
SOURCE Bursor & Fisher, P.A.; Faruqi & Faruqi, LLP