Migliaccio & Rathod LLP is investigating mislabeled seed packets and starter plants, including Burpee’s “California Wonder Bell Pepper” seeds and MIgardener’s “Garden Huckleberry” starters, after reports that consumers harvested entirely different—and sometimes unsafe—plants.
Reported Issues
Gardeners describe season-long losses:
- Bell-pepper seeds producing banana peppers
- “Huckleberry” starters yielding toxic nightshade berries
- Photo and DNA documentation confirming mislabeling
- Wasted growing seasons, fertilizer, water, and labor
- State agriculture labs logging repeated labeling violations
Identical lots shipped nationwide suggest common proof.
Why Consumers Should Be Concerned
Seed packets labeling is strictly regulated. Allegations may support:
- UCC warranty claims for nonconforming goods
- State seed-labeling statute violations
- False advertising and UDAP claims
- Economic loss from lost harvests and inputs
- Potential personal-injury claims where toxic plants are involved
A single failed genetic test can implicate an entire lot.
Signs You May Be Affected
- Seed packets or starters grew into the wrong plant
- Harvested inedible or unsafe produce
- Purchased within the last two growing seasons
- Retained packaging or order confirmation
If you experienced these issues, fill out the form below or contact [email protected] or (202) 470-3520.