Morning Song Birdseed, Other Wild Birdseed Manufactured by Scotts Miracle-Gro Knowingly Treated with Toxic Pesticides Likely Killed Untold Number of Birds, Verdict Shows

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According to Parker Waichman LLP An Unsafe Consumer Products Law Firm Is Investigating Potential Claims, Scotts Miracle-Gro recently pleaded guilty to charges that it knowingly sold Morning Song Birdseed and other wild birdseed brands that were treated with two illegal and highly toxic pesticides, Storcide II and Actellic 5E.

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Parker Waichman LLP, a national law firm dedicated to protecting the legal rights of consumers injured by defective products, is investigating potential claims regarding Morning Song birdseed products, as well as other brands of wild birdseed manufactured by the Scotts Miracle-Gro Company, may be contaminated with two illegal and highly toxic pesticides, Storcide II and Actellic 5E. In March, Scotts Miracle-Gro pleaded guilty to knowingly selling Morning Song birdseed and other birdseed products that had been treated with the two chemicals. Neither Storcide II nor Actellic 5E have been approved by the U.S. Environmental Protection Agency for use in bird foods, making Scotts' sale of the contaminated birdseed a violation of the Federal Insecticide, Fungicide, and Rodenticide Act. []

Scotts Miracle-Gro sold the tainted birdseed products between November 2005 and 2008. According to a lawsuit filed against the company by the Department of Justice, Scotts was alerted by its own staff chemist and ornithologist about the unsuitability of Storcide II and Actellic 5E for birdseed, as both are highly toxic to wildlife. Despite these warnings, Scotts Miracle-Gro continued to sell the poisonous products. According to the government's complaint, Scotts Miracle-Gro finally recalled some 73 million units of birdseed products treated with the pesticides in 2008, but was ultimately only able to recover some 2 million units. []

The products included in the Scotts Miracle-Gro birdseed recall were sold as bags of seed and seed mixes, suet blocks and other foods intended for wild birds. Brand names included, but were not limited to:

  •     Morning Song
  •     Country Pride
  •     Scotts Songbird Selections
  •     Scotts Wild Bird Food
  •     Meijers brand wild bird food
  •     Harris Teeters brand birdseed
  •     Publix bird food
  •     Royal Wing brand birdseed
  •     Purina brand wild bird seed products
  •     Nutriplan brand birdseed
  •     Anderson’s bird mix

According to Parker Waichman LLP, it is likely that many retailers were unaware of the Scotts Miracle-Gro birdseed recall. As such, the products remained on the market long after the recall was issued. In fact, a lawsuit (Case No. 3:12-cv-00701-GPM-PMF) filed just last month in U.S District Court for the Southern District of Illinois, East St. Louis Division alleges that one California couple lost nearly all of their domestic aviary birds at the end of January 2010 after feeding the birds Scotts Miracle-Gro Morning Song Wild Birdseed that they had recently purchased from a local Wal-Mart.

Parker Waichman LLP offers free legal consultations to consumers who purchased toxic birdseed manufactured by the Scotts Miracle-Gro Company. Please contact their office by visiting the firm's Scotts Miracle-Gro toxic birdseed page at Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636).

For more information regarding Scotts Miracle-Gro toxic bird seed lawsuits and Parker Waichman LLP, please visit: or call 1-800-LAW-INFO (1-800-529-4636).

Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

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Gary Falkowitz, Managing Attorney
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