Morning Song Bird Food Settlement

Settlement Structure: Claims Made

Active: Closed

Closed Settlement Statement:

According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.

Case Summary:

This settlement resolves a class action against the Scotts Miracle-Gro Company, the Scotts Company, LLC, and Scotts’ CEO. The complaint alleged that Scotts applied the pesticides Storcide II and Actellic 5E to the Morning Song Bird Food products and that the sale of those products violated federal or state laws. 

Docket Number:


Company: Scotts Miracle-Gro Company Inc.

Filing Deadline: July 1, 2019

Class Period: November 1, 2005 to May 1, 2008

Objection Deadline: May 13, 2019

Exclusion Deadline: May 13, 2019

Final Approval Hearing: June 3, 2019

Proof of Purchase:

With proof of purchase, you may claim a full Proof of Purchase Refund. Without it, you may claim a Claim Form Refund. Submit a claim form for either of these. If you received notice that were identified as a class member through certain stores’ records, and those were your only purchases of the products, you do not need to submit a claim form.


You may be eligible if, between November 1, 2005 and May 1, 2008, you bought certain Morning Song Bird Food products and have not yet received a full refund for them. For a list of the products in question, see http://www.birdfoodsettlement.com/list-of-affected-products.aspx.

Typical Settlement Amount:

Proof of Purchase Refund class members and Retailer-Identified Refund class members will receive full refunds of the price paid for the products. Claim Form Refund class members may receive up to $100 per household, depending on how many valid claims are received.

Total Settlement Amount: $85,000,000

Class Representative Proposed Incentive Fee:


Law Firms:
Dowd & Dowd P.C.
Robbins Geller Rudman & Dowd
The Driscoll Firm PC

Claim Form: Morning Song Bird Food Settlement Claim Form

Case Name: In re Morning Song Bird Food Litigation

Settlement Website: Morning Song Bird Food Settlement Website

Claims Administrator:
Kurtzman Carson Consultants

Claims Administrator Contact Information:

In re Morning Song Bird Food Litigation
c/o KCC Class Action Services
P.O. Box 404107
Louisville, KY 40233-4107

Tags: Animal Health and Welfare, Contaminated with Harmful Substances