I received the following update on the Scotts Miracle-Gro versus TerraCycle lawsuit from Scotts over a week ago but was a little freaked that the Scotts PR team would be so eager to get the facts of the settlement out into the world as soon as the verdict came through. Regardless, I figure I may as well mention the outcome given I wrote about the initial lawsuit. The following is a copy of the letter in their own words:
- “With your previous interest and coverage of The Scotts Company and TerraCycle litigation, I wanted to bring to your attention todayÃ¢â‚¬â„¢s settlement announcement, which is detailed in the following news release.
TerraCycle has agreed that it no longer will make advertising claims of product superiority to Miracle-Gro products to ensure accuracy in its advertising. More specifically, TerraCycle has agreed that it will not claim that its products are better than, or more effective than, or as good as Miracle-Gro products. In addition, TerraCycle may not claim that any independent tests or university studies were conducted to support any such claims.
TerraCycle has also agreed to change its packaging so it will not use a green and yellow color combination, for which Miracle-Gro owns a trademark registration. This change will be made to avoid any possible confusion with Miracle-GroÃ¢â‚¬â„¢s trade dress.
The court order and the settlement agreement will be posted on TerraCycleÃ¢â‚¬â„¢s www.suedbyscotts.com Web page. TerraCycle also agreed to phase out this site after three months.”
The email sent to me also included this statement from Scotts spokesperson, Jim King:
“Scotts is pleased to resolve this case and believes that the settlement serves the public’s interest in ensuring the accuracy of advertising claims, as well as protection of the valuable Miracle-Gro brand.“
Phew. [Wiping tears of relief from eyes] Thankfully the public’s interest has been served. Oh how I do enjoy the delightful spinning.
The website has indeed been updated including the details of the 29-page settlement agreement. Why not brew yourself up a cup of relaxing chamomile tea and settle under the covers tonight with a copy of that little ditty for an evening of good reading? You do not have to thank me.