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.