Migliaccio & Rathod LLP is investigating the sale of purportedly rare ornamental houseplants—including Costa Farms’ “Monstera ‘Thai Constellation’” (The Home Depot) and “Philodendron ‘Pink Princess’” (Walmart Garden Center)—amid allegations that consumers received ordinary, non-variegated juveniles falsely labeled as premium cultivars.
Reported Issues
Collectors report a consistent post-purchase pattern:
- Rare Ornamental Houseplants sold at triple-digit prices as rare variegates
- Initial leaves appearing variegated, followed by solid-green growth weeks later
- Community “ID help” photos confirming misidentification
- SKU stickers and barcodes tracing plants to uniform Costa Farms shipments
- Retailers declining refunds once plants are “alive but not rare”
Online documentation suggests a systemic labeling issue rather than isolated mistakes.
Why Consumers Should Be Concerned
Consumers paid a price premium for scarcity and phenotype they never received. Potential claims include:
- UDAP violations for false or misleading cultivar labeling
- Breach of express and implied warranties
- Unjust enrichment based on premium pricing
- Price-premium damages supported by phenotypic grow-outs or DNA barcoding
Nationwide distribution and clean POS records support classwide proof.
Signs You May Be Affected
- Purchased a “Thai Constellation” Monstera or “Pink Princess” Philodendron
- New leaves reverted to solid green
- Rare Ornamental Houseplants do not display advertised variegation
- Purchased from a big-box retailer within the last two years
If you experienced these issues, fill out the form below or contact [email protected] or (202) 470-3520.