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If You Purchased Scotts EZ Seed®, You May Be Eligible to Get $15 Or More Per Package From a Class Action Settlement

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If You Purchased Scotts EZ Seed®, You May Be Eligible to Get $15 Or More Per Package From a Class Action Settlement

PR Newswire

NEW YORK, Aug. 3, 2018 /PRNewswire/ -- The following statement is being issued by Bursor & Fisher, P.A. regarding a class action settlement in the Scotts EZ Seed Litigation.

You may be eligible to participate in a Settlement of a class action lawsuit alleging that Scotts EZ Seed® does not grow grass "50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate.  Results may vary." (the "50% Thicker Claim") as advertised.  The case is called In re Scotts EZ Seed Litigation, Case No. 12-cv-4727, and is in the United States District Court for the Southern District of New York.  For more details about the terms of the Settlement, including a longer notice containing more details about your rights and options, please visit www.GrassSeedSettlement.com.

WHO'S INCLUDED IN THE SETTLEMENT CLASS?  
You are included in the Class if you purchased in California or New York any variety of Scotts EZ Seed bearing the 50% Thicker Claim from January 1, 2009 through September 30, 2014.  If you are included, then you may submit a Claim Form for payment.

WHAT IS THE CASE ABOUT?  
Beginning in 2009 Scotts manufactured the Scotts EZ Seed® combination grass seed product.  Plaintiffs claim that Scotts mislabeled the product as capable of growing grass "50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate.  Results may vary," when it was not.  The lawsuit seeks to recover actual, statutory, and punitive damages.  Scotts denies any wrongdoing and denies the plaintiffs' allegations.  Scotts contends that science supports their claim.  The Court has not decided which side is right. 

WHAT ARE YOUR OPTIONS FOR HOW TO PROCEED? 
You have a choice of how to proceed regarding the Settlement, and you must decide what to do soon.  To receive a monetary payment from the Settlement, you must submit a Claim Form by December 4, 2018.  Claim Forms and details on how to file claims are on the settlement website, www.GrassSeedSettlement.com.  If you do nothing in response to this notice, you will remain in the Class and give up any rights to sue Scotts, but you will not receive any payment.  Alternatively, you may opt-out of the Settlement, which means you cannot get any money from the Settlement, but you will keep any rights to sue Scotts for these claims.  To be excluded, you must mail a written request for exclusion, postmarked by October 19, 2018.  Your request for exclusion must contain: (1) the name of this lawsuit; (2) your full name, current address and telephone number; (3) a clear statement of intention to exclude yourself; and (4) your signature.  Finally, you can object to the Settlement if you don't like any part of it.  To object, you must file with the Court a written objection, postmarked by October 19, 2018.  For further details on what must be included in any objection, visit www.GrassSeedSettlement.com.

The Court will hold a Fairness Hearing on December 19, 2018 at 9:30 a.m. ET to consider whether to approve the settlement and a request of attorneys' fees, costs, and expenses.  The motion for the fees, costs, and expenses will be posted on the settlement website after they are filed.  You may attend this hearing, but you do not have to.  This Notice is only a summary.  Complete details about the Settlement can be found at www.GrassSeedSettlement.com or call toll free 1-844-271-4786. 

 

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SOURCE Bursor & Fisher, P.A.

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