In re Scotts EZ Seed Litigation
www.EZSeedLawsuit.com

Frequently Asked Questions

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BASIC INFORMATION

1 What is this lawsuit about?

This lawsuit alleges fraud-based, warranty, contract, and unjust enrichment claims alleging that EZ Seed® does not grow grass at all or, in the alternative does not grow grass “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary,” as advertised.

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2 What is a class action and who is involved?

In a class action lawsuit, one or more people called “Class Representatives” (in this case, Plaintiffs Michael Arcuri, David A. Browne, Gwen Eskinazi, Stacy D. Lombardo, Lance Moore, Vance Smith, and Nancy Thomas) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The named plaintiffs who sued – and all the Class Members like them – are called the Plaintiffs. The companies they sued (in this case, Scotts) are called the Defendants. One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

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3 Am I part of this Class?

The Class includes “all persons who purchased EZ Seed in the States of California or New York containing the label statement ‘50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary.’” If you purchased Scotts EZ Seed® labeled “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary,” in California or New York, you are a Class Member. If you purchased a package of EZ Seed® without the “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary,” claim, you are NOT a Class Member.

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4 Why is this lawsuit a class action?

The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts.

More information about why the Court is allowing this lawsuit to be a class action is in the Court’s Order Certifying the Class, which is available on this website.

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THE CLAIMS IN THE LAWSUIT

5 What does the lawsuit complain about?

Beginning in 2009 Scotts manufactured the Scotts EZ Seed® combination grass seed product. Plaintiffs claim that Scotts mislabeled the product as effective for growing grass, and as capable of growing grass “50% Thicker With Half The Water* *Versus ordinary seed when each was watered at half the recommended rate. Results may vary,” compared to ordinary grass seed. You can read Plaintiffs’ Complaint on this website.

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6 How does Scotts answer?

Scotts denies any wrongdoing and denies the Plaintiffs’ allegations. Scotts contends that science supports their claim. You can read Scotts’ Answer to the Complaint on this website.

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7 Has the Court decided who is right?

The Court hasn’t decided whether the Defendants or the Plaintiffs are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims in the litigation, including at a trial, if necessary.

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8 What are the Plaintiffs asking for?

The Plaintiffs are asking Scotts to provide compensatory relief up to a full refund. Plaintiffs’ complaint also seeks to obtain all such other relief to which they may be entitled pursuant to California and New York law, including, without limitation, actual, statutory, and punitive damages.

No money or benefits are available now because the Court has not yet made a final decision whether Scotts did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for a share.

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YOUR RIGHTS AND OPTIONS

9 What happens if I do nothing at all?

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Class is awarded money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement).

Keep in mind that if you do nothing now, regardless of whether the Class Representatives win or lose the trial, you will not be able to separately sue, or continue to sue, Scotts – as part of any other lawsuit – for the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

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10 Why would I ask to be excluded?

If you exclude yourself from the Class – which is sometimes called “opting-out” of the Class – you won’t get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of the trial or from any settlement (that may or may not be reached) between Scotts and Plaintiffs. However, you may then be able to separately sue or continue to sue Scotts for the legal claims that are the subject of this lawsuit. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.

If you bring your own lawsuit against Scotts after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Scotts, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

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11 How do I exclude myself from the Class?

To exclude yourself from the Class, you must send a written request for exclusion that is received no later than September 21, 2015, to:

In re Scotts EZ Seed Litigation
c/o GCG
P.O. Box 10208
Dublin, Ohio, 43017-3908

Your request for exclusion must contain: (1) the name of this lawsuit, “In re Scotts EZ Seed Litigation, Case No. 12-cv-4727”; (2) your full name and current address; (3) a clear statement of intention to exclude yourself such as “I wish to be excluded from the Class”; and (4) your signature. You may also get an Exclusion Request Form on this website.

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THE LAWYERS REPRESENTING YOU

12 Do I have a lawyer in this case?

The Court appointed the law firms of Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP to represent the Plaintiffs and all Class Members as “Class Counsel.” More information about these law firms, their practices, and their lawyers’ experience is available at www.bursor.com and www.faruqilaw.com.

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13 Should I get my own lawyer?

If you choose to remain in the Class, you do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will be responsible for paying that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

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14 How will the lawyers be paid?

If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Scotts.

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THE TRIAL

15 How and when will the Court decide who is right?

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims in this litigation, including at a trial if necessary. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Scotts is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. The trial date has not yet been determined.

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16 Do I have to come to the trial?

You do not need to attend the trial. Class Counsel will present the case for the Class Members, and Scotts will present the defenses. You are welcome to come at your own expense. If you wish to participate in the trial, you should contact Class Counsel.

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17 Will I get money after the trial?

If the Class obtains money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

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GETTING MORE INFORMATION

18 Are more details available?

Review the information on this website, where you will find the Court’s Order Certifying the Class, the Plaintiffs’ Complaint, Scotts’ Answer, and an Exclusion Request Form.

You may also contact Class Counsel by email at info@bursor.com, or by writing to: In re Scotts EZ Seed Litigation, c/o GCG, P.O. Box 10208, Dublin, Ohio, 43017-3908.

PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.

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