MIAMI (Legal Newsline) - A class action lawsuit against Scotts and Walmart says ant-killer they sell won't treat as many mounds as promised on the package.
A class action lawsuit was filed April 2 against The Scotts Company and Walmart by plaintiffs Amanda Perez and Michael Gregorio in U.S. District Court for the Southern District of Florida.
The plaintiffs claim that The Scotts Company manufactures, markets, promotes, advertises and sells Orthene fire ant killer products including the one at issue in this case. It is also alleged that Walmart markets, promotes, advertises, and sells these products.
The packaging says the product "treats up to 162 mounds," with a minimum measurement for one of one teaspoon.
But there aren't 162 teaspoons of the product inside, the lawsuit claims.
"Expert testing on the Product... establishes that the Product (despite its prominent labeling representations) provides 13% fewer fire ant mound treatments than represented to consumers on the Product’s label—that is 21 fewer treatments than promised."
Nicholas Zbrzeznj of Southern Atlantic Law Group represents the plaintiffs.