Parker Waichman LLP

Scotts Miracle-Gro Morning Song Toxic Birdseed Class Action Lawsuit

Toxic Birdseed Contaminated With Pesticide. Morning Song Birdseed products manufactured by the Scotts Miracle-Gro Company have been linked to the deaths of countless birds as a result of contamination with toxic pesticides. In 2012, Scotts Miracle-Gro pleaded guilty and agreed to pay $4.5 million to settle a number of federal charges, including claims that it […]

Scotts Miracle Gro Morning Song Toxic Birdseed LawsuitToxic Birdseed Contaminated With Pesticide. Morning Song Birdseed products manufactured by the Scotts Miracle-Gro Company have been linked to the deaths of countless birds as a result of contamination with toxic pesticides. In 2012, Scotts Miracle-Gro pleaded guilty and agreed to pay $4.5 million to settle a number of federal charges, including claims that it knowingly sold toxic birdseed contaminated with two illegal pesticide chemicals, Storcide II and Actellic 5E. Scotts has since been named in a class action lawsuit alleging it sold toxic birdseed products to unsuspecting consumers throughout the U.S., resulting in the poisoning of countless bird species. The lawsuit alleges that several brands of Scotts birdseed, sold as bags of seed and seed mixes, suet blocks and other foods intended for wild birds, were contaminated, including:

  • Morning Song
  • Country Pride
  • Scotts Songbird Selections
  • Scotts Wild Bird Food

If you purchased one of these Scotts Miracle-Gro brand birdseeds products, you may be entitled to compensation.  The class action lawsuit lawyers at Parker Waichman LLP are offering free lawsuit consultations to consumers who purchased Morning Song or other brands of Scott’s birdseed that may have been poisoned with these dangerous, illegal pesticides.  To learn more about the Scotts Morning Song toxic birdseed class action lawsuit, please contact Parker Waichman LLP today.

Scotts Toxic Birdseed Lawsuit Allegations

The Scotts Miracle-Gro company, based in Marysville, Ohio, is the world’s largest marketer of lawn and garden care products which are sold under a number of consumer brand names.  In 2012, Scotts Miracle-Gro pleaded guilty in federal court in Ohio to violation of several environmental laws.  Among other things, Scotts admitted to selling more than 73 million bags of birdseed that had been treated with highly toxic Storcide II and Actellic 5E, two pesticides not suitable for grain intended for consumption by birds.  Even though Scotts was alerted by its own staff chemist and ornithologist about the unsuitability of these pesticides on their birdseed products, Scotts continued to market the poisoned seed for more than two years under various brand names including Scotts ”Morning Song” and “Country Pride” brands.  In 2008, Scotts issued a recall of the affected products, including deer corn, birdseed, and many suet products. Neither Storcide II nor Actellic 5E are licensed by the U.S. Environmental Protection Agency (EPA) for use in bird foods. Their use in the Scotts Morning Song birdseed products was in direct violation of FIFRA — the Federal Insecticide, Fungicide, and Rodenticide Act.

Storcide II contains the active ingredient, chlorpyrifos-methy, and is known to be toxic to birds, fish and wildlife.  Chlorpyrifos-methyl is one of the many chemical poisons linked to Colony Collapse Disorder (CCD), the mysterious bee collapse phenomenon that has been observed all across the world. Actellic 5E contains the active ingredient pirimiphos-methyl, which is also known to be toxic to birds, fish and wildlife.  Both chemical toxins act as cholinesterase inhibitors that result in overstimulation of the nervous system. Small doses of either poison cause symptoms that include nausea, dizziness, and confusion, and higher doses lead to respiratory paralysis and death.

When Scotts finally recalled its toxic birdseed in 2008, only 2 million of the 73 million units it sold could be recalled. Not all retailers were aware of the Scotts birdseed recall, and continued selling the poisonous products.  One California couple has alleged that they lost nearly all of their domestic aviary birds at the end of January 2010 after feeding Scotts Miracle-Gro Morning Song Wild Birdseed that they had recently purchased from a local Wal-Mart.

Need Legal Help Regarding Toxic Birdseed?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Paralegal Tina assisted me in securing a settlement from VCF World Trade Center. Her performance was totally professional and thorough I would recommend her service to anyone.
reginald peavy
10 months ago
5 Star Reviews 150
Had a great experience with Ashley and Gina. Would recommend them in a heart beat!
Maria Rivera
4 years ago
5 Star Reviews 150
Nicholas W. is the best! I could not give higher praises. He took a bad situation and made it better. Thank you.
Erma Conner
7 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038