Trenton, N.J.-Tiny TerraCycle Inc., which uses worm droppings to produce liquid gardening fertlizer that is then marketed in recycled plastic bottles, has settled a product infringement suit brought by fertilizer giant The Scotts Co., both sides have reported. Scotts officials indicated they were pleased with the terms, including TerraCycle not making any more superiority claims, such as that independent tests prove their products out-perform MiracleGro, and agreeing to phase out the MiracleGro green and yellow combination in its packing. “We recognize that Scotts filed this lawsuit based on a legitimate need to uphold the accuracy of advertising claims and protect its trademark rights,” said TerraCycle founder and CEO Tom Szaky. “We also regret certain statements that were made about Scotts in the heat of litigation. Now that the parties have resolved their differences, TerraCycle is looking forward to providing consumers with an array of garden and lawn care products in the marketplace.” But TerraCycle doesn’t regard the settlement as a total loss. “Indeed, we view it as a minor victory,” reported spokesman Albe Zakes, who worked to get press coverage characterizing the suit as David against Goliath. Zakes said since the Scotts action TerraCycle has added two new programs for recycling plastic bottles and has five new products coming out between now and early spring. “The time had come, however, to put this revenue strain behind us. So we are pretty pleased with the outcome.” “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 MiracleGro brand,” said Scotts spokesman Jim King.
Transparency Across the Fertilizer Value-Chain