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 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.