Morning Song Bird Food
January 2019: The settlement agreement was preliminarily approved. A final fairness hearing is scheduled for June 3, 2019.
December 2018: Plaintiffs moved for preliminary approval of a proposed settlement agreement. According to its terms, class members who are identified using various retailers’ records or have proof of purchase may receive a full refund while class members who fill out a claim form but do not have proof of purchase may receive a cash award of up to $100 per household. The final fairness hearing is scheduled for June 3, 2019. For more information, go to www.BirdFoodSettlement.com.
March 2018: A federal judge denied a motion to dismiss filed by the The Scotts Company and Scotts Miracle-Gro Company in a false advertising class-action lawsuit filed against them for allegedly failing to disclose that Morning Song Bird Food contains toxic pesticides that are dangerous to birds. The lawsuit was originally filed in 2012 and amended in 2015. (In re Morning Song Bird Food Litigation, Case No. 12-cv-1592, S.D. Cal.)