Consumers Win Class Certification In Suit Challenging Scotts Grass Seed Label

New York and California consumers challenging a former packaging statement that Scotts Turf Builder EZ Seed grows grass “50 percent thicker with half the water” won certification of state damages classes in the Southern District of New York (In re Scotts EZ Seed Litig., 2015 BL 18498, S.D.N.Y., 12-4727, 1/26/15).

Membership in the proposed classes—persons who bought EZ Seed containing the 50 percent thicker statement in New York and California—is ascertainable, Judge Vincent L. Briccetti of the U.S. District Court for the Southern District of New York said Jan. 26

Briccetti followed the approach taken last year ...