Friday, April 4, 2008

Scott's Bird Seed Voluntary Recall

Major manufacturer of wild bird seed and animal food products, The Scotts Company LLC announced a voluntary recall of certain varieties of Morning Song, Scotts, Country Pride and various private label branded wild bird and animal food products due to the use of unapproved pesticides.

Here is an official statement from Scott's:

Dear Fellow Bird Lover,

You might find that your favorite Scotts, Morning Song or Country Pride wild bird or wild animal food isn't available where you normally buy it.

We are in the process of replacing these products because we determined that we needed to stop applying certain insect controls. These controls were used to make sure that our bird and animal food wasn't infested with moths and other problem-causing insects.

The insect controls that we had used are EPA-approved for use on some stored grains, including grains that may be turned into human food. However, the insect controls are not EPA-approved for wild bird food or wild animal food.

We believe that the wild bird food and wild animal food did not constitute a significant health risk to wild birds, small animals or humans who handle the food.

We have discontinued use of the unapproved insect controls.

We expect that our products will be back on the shelves in time for a colorful, song-filled spring.

Please call our toll-free help line at 1-888-270-2714 if you have any questions.

Mario Olmos
Sr. Ornithologist
The Scotts Company

1 comment:

Carduelis tristis said...

Avian Advisors, decides to terminate contract with The Scotts Company:
Last May 2008, 30 days after the Bird food recall our president Mario Olmos made the decision to terminate the contract with The Scotts Company, and its wild bird food division. The contract was officially terminated on November 2008, after six months required by the contract. Our company is no longer bound doing business with Scotts and does not have any noncompete restriction. We prefer not to comment on the reasons for which the contract was terminated, but our decision was also made based on the integrity and principles of our company and our collaborators.
Avian Advisors is no longer under any contract or conducting bird food research for Scotts Company. Today our company is continuing with new studies and developments in wild feeding behavior, and we expect to continue bringing new developments for a better birding experience in the industry of wild bird foods.

Scotts company filed a lawsuit against Avian Advisors:
Scotts filed two provisional patent applications with the U.S. Patent & Trademark Office in June of 2008 for new bird foods, identifying Mario Olmos, president of Avian Advisors as the inventor. According to the lawsuit, which was filed July 30 in U.S. District Court in Columbus. Scotts claims those foods, were developed for Scotts while Avian Advisors was under a contract to the company.

Scotts asked Mario Olmos to sign assignment documents, which would transfer the right, title and interest in the products to a Scotts subsidiary. Olmos refused to sign the initial draft of the assignments presented by Scotts, following the advice of his attorneys who negotiated new assignment documents with language that was acceptable to both Scotts and Avian Advisors. In fact, Scotts filed their lawsuit while attorneys from both parts were reaching negotiation for the assignment documents. Our company has never claimed property of rights of any of the inventions that arouse of the contract with Scotts. We are a consulting, research and development business, we are not a manufacturing company.

Last August 2008 we provided Scotts with the proper assignments documents, but the lawsuit was not dropped by Scotts. We believe the lawsuit was kept on file as a way to continue harassing our company and our president Mario Olmos, and to demand a contract termination release be signed as a condition to dropping the suit, a suit which Scotts has much deeper pockets than Avian Advisors, to fund. After leaving the suit on-file in district court for almost six months, neither Avian Advisors nor Mario Olmos has been served.
According to Dan Eaton from the Columbus Business First "Scotts declined to comment on the suit, Avian Advisors lawyer said he expects to suit to be dismissed".
Please contact us at with your comments or questions.

Avian Advisors LLC.
Public Communications.