This just in from the PR people at Scotts–more coming soon:
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.