Posted by: Lawyer Sanders | April 16, 2009

Environmental attorney Sanders says EPA issued a “stop sale, use or removal” orders to Scott Miracle-Gro in April 2008, where was notice to consumers??

US EPA orders product recalls of Miracle-Gro in April 2008.  Did consumers receive proper notice of recall?

US EPA orders product recalls of Miracle-Gro in April 2008. Did consumers receive proper notice of recall?

Perhaps like you, I love to plant and work in a small garden at my house during the spring and summer. I normally do not use pesticides because of the potential harm to beneficial insects.  Sometimes, however, a small amount of pesticides may be necessary due to an unexpected insect infestation.  During those times, I rely solely on the labeling of such products to make that they are safe for their intended use. 

 

 

 

 

So, it was a tremendous surprise when I just learned that about one year ago, U.S. EPA Region 5 issued “stop sale, use or removal” orders to Scotts Miracle-Gro Co. and two affiliates, barring the distribution and sale of two more misbranded pesticides.  I certainly do not recall seeing a notice or other information about this recall at my local garden supply store last year. 

 

Labels on both products make false or misleading claims and one product lacks safety instructions as required by EPA. Products affected by these orders are “Scotts Bonus S Max Southern Weed & Feed And Fire Ant Killer,” “Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer” and related pesticide products which can be identified by EPA registration numbers 538-301 and 538-299 listed on their packages. Both products are currently registered with EPA. EPA requested and Scotts agreed to carry out a recall of these two products.

According to U.S. EPA, a pesticide is misbranded if its label makes false or misleading claims, or does not provide required warning or caution statements that protect public health and the environment. For example, first aid instructions such as “Call a poison control center or doctor for treatment advice” may be necessary.

U.S. EPA also issued stop sale, use or removal orders against Scotts Miracle-Gro Co., Scotts Lawn Service, three more Scotts Miracle-Gro affiliates and the nine major retailers Home Depot, Lowe’s, Wal-Mart, Ace, Do-It-Best, True Value, Sam’s Club, Meijer and K-Mart, related to two other Scotts Miracle-Gro pesticides with invalid EPA registration numbers.

 

Those other two products have the invalid EPA registration numbers 62355-4 and 538-304. Invalid registration number 62355-4 is marketed under names including “Garden Weed Preventer Plus Plant Food” and “Miracle-Gro Shake ‘n Feed All Purpose Plant Food Plus Weed Preventer.” Invalid registration number 538-304 is used primarily by Scotts Lawn Service, a lawn care company. It is marketed under names including “Scotts Lawn Service Fertilizer with .28% Halts,” “Scotts Lawn Service Fertilizer 0-0-7 Plus .28% Halts Pro,” “Scotts Lawn Service Fertilizer 14-2-5 Plus .28% Halts Pro” and “Scotts Lawn Service Fertilizer 22-0-8 Plus .28% Halts Pro.”

EPA and its state partner Ohio Department of Agriculture are conducting a laboratory analysis of the unregistered 62355-4 and 538-304 products.  Updated information about Scott’s recall effort is posted online at http://www.epa.gov/reg5rcra/ptb/news/.

 

Here is the information that Scotts has on its website related to the recall. 

 

Scotts is conducting a nationwide consumer and retail recall of the company’s Miracle-Gro Shake ‘n Feed Plus Weed Preventer and Scotts Bonus S MAX. Scotts is conducting a nationwide retail recall of Scotts TurfBuilder MAX.  he action was initiated in connection with an investigation of the products’ federal registration. The products are either not properly labeled or not registered with the U.S. EPA.

Another product, Scotts LawnService Fertilizer with .28 Halts (EPA Registration Number 538-304) has also been recalled. Prior to its recall, that product had been used only by lawn service professionals and has never been in retail distribution.

If you have any unused portion of these products, immediately discontinue use and safely store in a cool, dry, out-of-the-way location away from children and pets, such as a secure cabinet. We ask that you return these products to Scotts. To do so, simply click on this link.

Fill out the form and let us know how many of the items in question you have left. We will issue a retrieval package to you for the remaining products that you have in your possession. We will also send you a full refund for the original purchase price and a coupon good toward your next purchase of Scotts or Miracle-Gro products. If you have any further questions please call us at 1-888-295-0671.

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