PITTSBURGH — Consumers have filed a class action lawsuit against The Scotts Miracle-Gro Co. Inc., claiming false advertising.
Pete Kasich filed a complaint on behalf of himself and all others similarly situated on Oct. 12 in the U.S. District Court for the Western District of Pennsylvania against the defendants, alleging they breached their duties of good faith and fair dealings.
According to the complaint, the plaintiffs allege that Pete Kasich and all other similarly situated purchasers of EZ Seed, one of the products advertised, marketed and sold by the defendants, have suffered paying a premium price for a product that performs less compared to other brands of pre-mixed, mulch-grass seed products. Additionally, the class has suffered further injury from defendants' refusal to honor their return policy of a money-back guarantee, the suit says.
The plaintiffs hold The Scotts Miracle-Gro Co. Inc. and The Scotts Co. LLC responsible because the defendants allegedly failed to perform adequate testing of the products for efficacy, induced individuals to purchase the substandard products at premium price, and failed to deliver goods that conform to promises of fact made on the label.
The plaintiffs request a trial by jury and seek judgment against defendants, certification of class action, declaratory relief, award compensatory and monetary damages, restitution or disgorgement, corrective action, interest, punitive damages, attorneys’ fees, expenses and costs of suit. They are represented by Benjamin Sweet of Carlson Lynch Sweet Kilpela & Carpenter LLP in Pittsburgh.
The U.S. District Court for the Western District of Pennsylvania Case No. is 18-cv-01373.