Morgan & Morgan has filed a class action against The Scotts Miracle-Gro Company and The Scotts Company, LLC on behalf of Florida consumers whose homes, property and hard surfaces were stained as a result of using Scotts Green Max Lawn Fertilizer and Scotts Green Max Southern Lawn Fertilizer. According to the lawsuit, these iron-based products were intended to provide consumers with the dual benefit of feeding their lawns and speeding up the greening process. It is alleged that the iron content of these products causes rust-like stains when they come into contact with hard surfaces, such as driveways, sidewalks, porches and patios, regardless of any precautions taken by consumers.
The plaintiff in the suit alleges that Scotts knew these products would cause staining before they were introduced to consumers in 2010, yet failed to provide adequate warnings or instructions to consumers. The product packaging instructs consumers to sweep the product from hard surfaces to prevent staining. Consumers who follow these instructions, however, still experience staining to the hard surfaces surrounding the grass where they applied the product. According to the lawsuit, Scotts has chosen to deny all claims made by consumers for the damage caused to their homes, property, and hard surfaces by Scotts Lawn Fertilizer products.
Was Your Property Stained by Scotts Miracle-Gro Products?
If you used one of the following Scotts products and experienced staining to your home, property or hard surfaces, the attorneys at Morgan & Morgan would like to hear from you. Tell us the details of your user experience and damages by filling out our free case review form today.
The pending class action lawsuit alleges that the following Scotts products cause staining, fail to include an adequate warning of the likelihood of staining, and fail to include adequate instructions for the avoidance of staining:
- Scotts Green Max Lawn Fertilizer Plus 5.75% Iron
- Scotts Green Max Southern Lawn Fertilizer Plus 5.75% Iron
- Scotts Green Max Lawn Fertilizer Plus 5.17% Iron
- Scotts Green Max Southern Lawn Fertilizer Plus 5.17% Iron
The plaintiff alleges that, unlike Scotts Lawn Fertilizer, comparative products clearly disclose their potential for staining. For example, the product Ironite, which contains 4.5% iron, states on its packaging that it “will stain.” And the product Lilly Miller Moss Out! Lawn Granules, which contains 10% iron, states on its packaging that “iron will stain” and specifically advises that the product be kept off “surfaces such as sidewalks, patios, wooden decks, driveways and clothing.” According to the lawsuit, Scotts Lawn Fertilizer, including its inadequate warning and instructions, is still available for purchase from retailers who sell such products.