The Scotts Miracle-Gro Company advertised that its EZ Seed Turf Builder combination grass seed product grew grass “50% Thicker With Half The Water” versus ordinary seed.
We filed a class action lawsuit on behalf of purchasers of EZ Seed Turf Builder in New York and California alleging that the “50% Thicker” claim was false and misleading, and demanding money damages for the class of EZ Seed purchasers. In the midst of preparing for trial, we negotiated a classwide cash settlement with an estimated value of $47 million.
The Court awarded the seven class representatives a $10,000 incentive award each. Class members received 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 for up to three units without proof of purchase.