Scotts Miracle-Gro Lawsuit Claims Organic Soils and Fertilizers Contain Toxic PFAS Chemicals

Independent testing found man-made chemicals in Miracle-Gro “organic” soil products, contradicting marketing that promotes them as natural and safe.

A New Jersey woman’s class action lawsuit alleges that Scotts Miracle-Gro organic soil and fertilizer products contain toxic per- and polyfluoroalkyl substances (PFAS), which have been linked to cancers and other serious side effects.

The complaint (PDF) was brought by Angela Waldner in the U.S. District Court for the Southern District of New York on October 10, naming The Scotts Company LLC and various unknown entities as defendants.

PFAS chemicals, like those Waldner claims are found in Scotts Miracle-Gro soils and fertilizers, are a group of man-made substances often referred to as “forever chemicals” because they do not easily break down in the environment. 

These chemicals have been widely used since the mid 1900’s for their water, heat and grease-resistant properties, and have been added to a wide range of products, including stain-resistant carpets, treated clothing, nonstick cookware and food packaging.

One of the most problematic uses for PFAS has been in aqueous film-forming foam (AFFF), a firefighting agent designed to smother fuel-based fires by creating a heat-resistant barrier. As a result of the widespread dumping of these chemicals into the environment, especially near airports, military bases and firefighter training locations, communities throughout the U.S. are now dealing with water contamination problems. 

Amid growing awareness about the widespread presence of PFAS chemicals where they should not be, a number of studies over the past decade have linked routine exposure or ingestion of the toxic chemicals to kidney cancer, testicular cancer, ulcerative colitis and other adverse health effects.

As a result, thousands of AFFF exposure and PFAS drinking water contamination lawsuits have been filed in federal courts nationwide by firefighters and residents living near military bases and airports where the foam was routinely used. The complaints allege that years of firefighting and training exercises allowed PFAS chemicals to seep into surrounding soil and groundwater, contaminating drinking water and exposing both firefighters and nearby communities to serious health risks.

In her lawsuit, Waldner targets several Miracle-Gro “organic” and “performance organic” soil and fertilizer products that Scotts promotes as safe for growing food. Waldner claims the company uses the “organic” label to mislead consumers and charge higher prices.

Products named in the lawsuit include:

• Miracle-Gro Organic Raised Bed & Garden Soil
• Miracle-Gro Organic Outdoor and Indoor Potting Mixes
• Miracle-Gro Organic Garden Soil
• Miracle-Gro Organic Potting Mix
• Miracle-Gro All Purpose Container Mix
• Miracle-Gro In-Ground Soil
• Miracle-Gro Raised Bed Mix

Several items from the “Organic Choice” line are also listed among the allegedly contaminated products.

Testing conducted by experts on Waldner’s behalf allegedly found multiple types of PFAS in each product, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), both of which are classified by the U.S. Environmental Protection Agency (EPA) as hazardous substances. Some samples reportedly exceeded the EPA’s soil safety thresholds, which could trigger federal investigation or cleanup. Because PFAS are not derived from living organisms, Waldner maintains that none of the affected products can truthfully be described as organic.

The complaint further accuses Scotts of deceptive marketing practices, highlighting the company’s use of the OMRI (Organic Materials Review Institute) seal to suggest the products meet organic standards. However, Waldner alleges that OMRI relies on company-reported data and does not test for PFAS during its certification process.

Scotts’ packaging also features statements like “natural ingredients,” “organic use” and “twice the bounty,” which the lawsuit says reinforce the false impression that the products are chemical-free and safe for use in food gardens.

“Scotts’s marketing, advertisements, and representations that its Products are organic and non-synthetic are false, misleading, and deceptive. Scotts sells soil and fertilizer products made with ingredients that it knows, or should have known, contain PFAS. And Scotts fails to disclose and/or conceals the presence of PFAS in its Products, fails to warn consumers of their harms, and falsely advertise its Products as organic despite the presence of PFAS.”

— Angela Waldner v. The Scotts Company LLC et al

Waldner raises allegations of violations of New York’s Consumer Protection from Deceptive Acts & Practices Act and False Advertising Act. She seeks certification of class action status for her lawsuit, as well as damages, restitution, injunctive relief and a corrective advertising campaign.

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