October 1, 2007
4 Comments
Deep Thoughts Links

Scotts Versus TerraCycle, Take Two

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 today’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-Gro’s trade dress.

    The court order and the settlement agreement will be posted on TerraCycle’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.

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October 1, 2007
15 Comments
Fall

The White Pumpkin | Black Sharpie Debacle

luminapumpkin.jpg

Dear Fellow Humans of the Internet,

How do I remove black Sharpie from the surface of a white ‘Lumina’ pumpkin? Is there some kind of Home Economics meets McGuyver solution that I can employ that is also wholly non-toxic?

Thanks in advance,

Gayla

Dear Favourite Local Garden Centre,

Why did you use a permanent marker to price the pumpkins? If I were slightly more anal retentive I would consider this Holiday Display officially ruined. Ruined! Instead I’ll probably just turn the pumpkin around and curse you silently under my breath.

Thanks,
Me (aka Total Sucker)

Dear Unknown Mammalian Creature Who Ate My ‘Long Island Cheese’ Squash,

I hope you enjoyed the succulent, immature squash fruits procured from my garden because next year you get nothing. NOTHING! Next year I will be sure to protect my baby, fertilized pumpkins with some kind of barrier device. Next year I will produce my own delightfully shaped pumpkins and will not be reduced to purchasing a white, $2.99 pumpkin ruined by permanent black marker.

I curse you,
The human who kept you in food all summer long.

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