Morning Song Wild Bird Food

Nationwide Consumer Class Action Settlement of In re Morning Song Bird Food Litigation, 3:12-cv-01592-JAH-AGS (S.D. Cal.)

The Driscoll Firm, LLC and co-counsel have secured a nationwide consumer settlement with The Scotts Miracle-Gro Company (“SMG”) for up to $85,000,000, or more depending on the number of claims, in refunds to consumers who purchased certain Morning Song wild bird food products illegally treated with pesticides that are known to be hazardous to birds.  On January 31, 2019, the Honorable John A. Houston of the United States District Court for the Southern District of California (the “Court”) preliminarily approved the Settlement and directed that class members receive notice and an opportunity to claim their refunds.

If you purchased certain Morning Song wild bird food products between November 1, 2005 and May 1, 2008, you may be entitled to a refund.  The deadline to submit a claim form for a refund is July 1, 2019.  Click here for a copy of the claim form.  Claims can also be submitted online at

A list of the eligible wild bird food products is available at

Click here for a copy of the Notice of Proposed Class Action Settlement.

Click here for a copy of the Stipulation of Settlement.

Click here for a copy of Judge Houston’s order preliminarily approving the settlement.

About the Case

In 2012, SMG pled guilty to 11 crimes, including pesticide misuse for knowingly manufacturing and selling 73 million bags of Morning Song Wild Bird Food that it had illegally treated with Storcide II and Actellic 5E pesticides, which are hazardous to birds and other wildlife. While SMG recovered and buried in landfills millions of bags of the subject wild bird food products, it never held a consumer-level recall to refund consumers’ money.

In the summer of 2012, The Driscoll Firm, LLC and co-counsel filed a consumer class action against SMG and The Scotts Company, LLC, alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1962 (“RICO”), and various state laws. James Hagedorn, SMG’s Chief Executive Officer (“CEO”), was later added as a defendant.  On March 31, 2017, the Court certified a nationwide consumer class under RICO and certain state laws, recognizing that “Plaintiffs would not have purchased the bird food if they knew it was poison.”

Click here for a copy of Judge Houston’s Class Certification Order.

About Class Counsel

The Driscoll Firm, LLC is an experienced class action law firm which advises and represents clients in a variety of complex and class action cases, including consumer fraud, data breach, and biometric privacy litigation. Please visit for more information.

For detailed information about the proposed Settlement, as well as instructions regarding how to submit a Claim, request exclusion from the Settlement, or object to the Settlement, please visit the Settlement Website here.