NEARLY 100 BIRDS, DOZENS OF MICE DIE AFTER EATING BIRD SEED SOLD AT LOCAL WAL-MART

[Liberty Belle]

Source: East County Magazine

January 31, 2010 (San Diego’s East County) – Milt and Laura Cyphert of Lakeside believe that Morning Song Wild Bird Seed, which they purchased at an El Cajon Wal-Mart last month, is linked to the sudden death of nearly 100 birds in their outside aviary. Only eight birds survived. Dozens of field mice that consumed the seed also died suddenly, they report. The manufacturer has previously faced other product recalls and disciplinary actions from federal regulators.


Morning Song previously recalled numerous bird suet products in 2007 due to salmonella contamination from peanut products, though wild bird seed was not among the products recalled: http://www.scotts.com/smg/products/morning_song/pdf/MorningSongRecall.pdf . Recalled products were linked to bird deaths: http://deadbird.wordpress.com/2008/06/03/scotts-bird-food-morning-song-k....


Morning Song’s manufacturer, The Scotts Miracle-Gro Company, its affiliates and retailers, also faced enforcement actions by the U.S. Environmental Protection Agency in 2008 for illegally producing and selling a variety of unregistered or unlabeled pesticide products: http://www.epa.gov/reg5cra/ptb/news.

<snip>

Morning Song wild bird feed is also sold at many other major retail outlets including major pet store chains and Amazon.com.






Read more: http://www.eastcountymagazine.org/node/2670

---

I am the author of this article. So far Wal-Mart has failed to pull this apparently deadly product off store shelves.

f you have used Morning Song wild bird seed products or other bird feed manufactured by Scott and have observed deaths of birds or animals, please contact me at [e-mail], notify [e-mail] and call the Environmental Protection Agency at 213-244-1804. Also please post comments on the story on our site.

[valerief]

K&R

[brewens]

1. Was that left over from Bush's Clear Skies Initiative? n/t

[TheDebbieDee]

2. By any chance was this crap produced and packaged in China?

Just asking..........

[Liberty Belle]

6. No, it's made in the U.S actually.

But I don't know where the ingredients came from.

[loudsue]

26. It has China written all over it, however.

I know there are some things made in the U.S.A. that are no longer safe, and the corporations that produce them don't give a shit. But many U.S. companies are still using Chinese ingredients in our food that are toxic. It's so hard to tell these days when corporations are in bed with governments that just as soon kill everyone as long as it makes money for at least one capitalist.

[dgibby]

3. Thanks for posting.

I've been buying this product for years, never had problems, but did notice that the birds and squirrels wouldn't eat any of it the lasat time I put it out for them. I just thought maybe it had gotten moldy because of all the rain here. I threw it out, cleaned the feeders, and restocked. Haven't had any problems this time, and they are eating it; however, I think I'll just stick to sunflower seeds and make my own suet. Again, thanks so much.

[Liberty Belle]

15. Where do you live and where did you buy your seed?

[1]

4. milt and laura "believe" this to be true and you run with this story?

wow.

that's journalism...

[Liberty Belle]

7. I know them well, and also an EPA official confirms they're probably right.

I felt it important to get the word out ASAP to warn others who might be feeding this product to wild birds (or domesticated ones) pending outcome of tests. Wildlife in our region has already been decimated by major wildfires. I've heard a few folks comment on declining numbers of songbirds in our area, and suspect this could be the reason.

I was also disgusted that Wal-mart's initial response was to do nothing unless a manufacturer orders a recall. A responsible retailer would report the problem to the federal regulatory authorities, get products independently tested, and pull products off shelves that have been reported to be deadly. If tests come back clean, they can always restock shelves and sell the stuff.

FYI I'm a national award-winning journalist with dozens of top journalism prizes and our website was named second best news site in San Diego by the San Diego Press Club.

The Cypherts have been highly credible sources of mine for a long time, and I have no reason to doubt their word. They have spoken with other authorities who agree the seed is very likely the culprit and there's no other logical explanation.

Do you think 100 birds all dropped dead at the same time as dozens of mice from sheer coincidence?

What if a child playing outside ate a handful of this seed?

This is a very serious issue.

[Liberty Belle]

9. broken link fixed - details of pesticide enforcement actions now in story.

Here is the correct link: http://www.epa.gov/reg5rcra/ptb/news/

[Webster Green]

8. Why not?

Sounds like an investigation into the product is called for.

There are plenty of companies selling dangerous crap these days. More than ever before.

The poster was also requesting additional information.

What's wrong with that? :shrug:

[1]

11. the op ran a story in the east county magazine, that's what's wrong with that...

the op, milt and laura believe the seed is the problem but they don't have any facts to back that up.

but fuck it, run a story and state the cause of the problem before anyone knows.

an investigation is called for. but pulling conclusions out of your ass, and then publishing them as fact is the worst kind of "journalism."

[Liberty Belle]

14. Bull. What if no media reported the Toyota stuck accelerator when 4 people died?

A CHP officer in our town died, along with his family, in a fiery crash. A passenger called 911 and said the accelerator pedal was stuck, moments before they all died.

Every reputable media outlet in town and across the nation reported that a stuck accelerator was a possible cause of that accident. It took months before Toyota recalled numerous models (the most recent recall being Friday).


Similarly, when large numbers of people are sickened with hepatitis after eating at a restaurant, it's commonly reported that the restaurant may have served contaminated food pending further invsetigation.

Media is not supposed to wait until manufacturers run tests and order up recalls to report on a potential hazard to the public.

As the local media and possibly first alerted to this danger I acted responsibly. The story does NOT say the seed killed the birds. It accurately states that the birds died after consuming the seed, and that both the Cypherts and an EPA official suspect the seed is likely the culprit.

Readers can make their own decisions about whether to continue feeding this product to their pets or wild birds.

If you had this stuff sitting on your shelf, wouldn't you want to know that a large number of birds died after eating it?

Media ought to err on the side of public safety, not covering corporation's asses.

Do you work for Wal-Mart or a chemical company?

[1]

16. if you believe this is good and responsible journalism, carry on...

other words come to my mind. other motivations as well.

good luck with your career.

[Liberty Belle]

17. Other motivations? What could you possibly mean.

I have no reason to publish this other than to try and prevent needless deaths of wildlife. There could be no other gain that I can think of and your insinuations are quite out of line. But since you didn't deny working for a chemical co or WalMart, you may well be the one with a hidden agenda here.

[Webster Green]

19. WTF is your problem?

It is investigative journalism. There is good evidence that there may be a serious problem.

Even though the evidence is anecdotal, it still qualifies as evidence.

Since most regulation has been done away with, we have to police these corporations ourselves.

Kudos to the OP! (IMO)

:eyes:

[arikara]

20. Lay off. I would rather hear about such potential problems

with a product than to take a chance of killing the birds in my yard. Look what happened with the pet food awhile back, not to mention countless other toxic products that are sold nowadays. There are no regulations anymore and forums are often where such information comes out first. By the time official recalls come out it is often too late.

[FiveGoodMen]

27. "A passenger called 911 and said the accelerator pedal was stuck"

Hadn't heard that part.

They had time and presence of mind to make the call but not to put the car in neutral?

[Liberty Belle]

32. The driver was a CHP officer who did trainings on emergency driving situations;

That was what sounded an alarm to all - this officer presumably would have done everything possible to stop the car, which accelerated to more than 100 mph before veering out of control and plunging into the San Diego River.

Another bit of news - a guy who rented the same car days before said he told the dealer the accelerator was acting up and apparently they ignored him. A tragedy that clearly could have been averted, in this case, had the dealer paid attention.

[Occulus]

21. And the pet food contamination was speculation, AT FIRST.

Too bad people started publishing anecdotes about their pets dying after being fed that food, huh? I mean, it did a lot of harm to the company that made it, and they really didn't deserve the bad press.

Right?

[Liberty Belle]

35. A friend's dog died because I didn't get a warning out in time on the pet food.

I've always regretted that. I was away when a recall notice came in on Costco dog food and I didn't get it posted until a day later. A columnist of ours had bought dog food at Wal-Mart, and his dog went into kidney failure immediately after eating it.

so I do have good reasons for believing consumer safety warnings need to go out as early as possible - no waiting.

This is BIRDSEED, for crying out loud, not a highly perishable product. If stores pull it off shelves and it later all tested out fine, they could restock.

As an update, the woman in my story informs me today that the seed will be tested both by the FDA and by the manufacturer.

It should be noted for those who thing waiting is the right thing that these bags include SUNFLOWER seeds. Just imagine a homeowner or worse, a child reaching in and snacking on a handful of those!

[LauraPsi7]

37. "Believe"

Hi... I am Laura Cyphert. Everyone I have talked to, including the FDA, is taking this very seriously. Based on the facts, there is very compelling evidence that the deaths are directly linked to the food. When I first realized what (I strongly believe) killed my birds, I felt a personal responsibility to tell everyone I could. My first call was to Wal Mart, where I was told that it could take weeks to investigate. It made me horrified to imagine the thousands of people unwittingly killing their wildlife when there was a very significant likelihood that the bird food is tainted. After all, the food is the only direct and clear connection between the sudden bird deaths and then the sudden mice deaths. I am personally so thankful for news sources like East County Magazine for getting this information out there, and I think they acted very responsibly by qualifying my statement with what I "believe". That leaves the choice up to YOU to decide what action you wish to take. As a consumer I would rather know that there MIGHT be tainted food, then have someone else decide if I should be allowed to know this information or not. No matter how this turns out, we are a better off having free flow of information. If you have any questions about this article, please don't hesitate to post questions, and I will respond. Thank you.

[gateley]

5. Whoa -- why is this company still in business? What does 'faced

enforcement actions" mean?

Morning Song’s manufacturer, The Scotts Miracle-Gro Company, its affiliates and retailers, also faced enforcement actions by the U.S. Environmental Protection Agency in 2008 for illegally producing and selling a variety of unregistered or unlabeled pesticide products:

I'm sending your links to several friends. Thanks for enlightening us! :hi;

[Liberty Belle]

12. EPA enforcement details here:

http://www.epa.gov/reg5rcra/ptb/news/
(Note, below are just the pesticide enfocement actions. For details on prior bird feed recall, see http://www.scotts.com/smg/products/morning_song/pdf/MorningSongRecall.pdf

EPA Orders Scotts to Stop Selling Certain Pesticides
For more information
Contact the National Pesticide Information Center (NPIC) at 800-858-7378 (available 6:30 AM-4:30 PM, Pacific Daylight Time, including weekends).
NPIC County Extension Offices
Learn more about Stop Sale, Use or Removal orders under FIFRA (PDF) (7pp, 224K About PDF)
EPA's Pesticide Program
Read the Label First
Registering Pesticides
________________________________________
EPA Region 5 contacts:
• Rafael P. Gonzalez ([e-mail]), 312-886-0269, Region 5 Land and Chemicals Division
• Karen Thompson ([e-mail]), 312-353-8547, Region 5 Office of Public Affairs
• Region 5 toll-free: 800-621-8431, 9AM - 4:30PM Central Time, weekdays.
Related News Releases
• April 25, 2008 EPA orders Scotts to stop sales of two more pesticides with false or misleading labels
• April 25, 2008 EPA asks nine major national chains to pull illegal Miracle-Gro pesticides from shelves
• April 23, 2008 EPA orders Scotts to stop selling certain pesticides
• Twenty-Four Pesticide Products Affected
• What happened?
o Pesticides containing unapproved ingredients
o Pesticides containing false, misleading or unsubstantiated label claims
o Pesticides with improper or insufficient labeling
o Pesticides sold before EPA registration approval and containing false or misleading label claims or lacking proper safety instructions
o Unregistered pesticide products
 EPA Analysis of Unregistered Scotts' Products (June 10, 2008
• EPA and Scotts Agree to the recall of Pesticides (May 9, 2008)
• What should you do?
• For more information
In Spring 2008, EPA began issuing enforcement actions against The Scotts Miracle-Gro Company and its affiliates (Marysville, OH) due to problems that have been identified with some of its products. This Web page describes the status of the various products subject to EPA enforcement action.
In April and May 2008, EPA ordered The Scotts Miracle-Gro Company and its affiliates (Marysville, OH), as well as major retailers, to stop distributing and selling four pesticide products that were unregistered or improperly labeled. Scotts recalled these products from retailers, consumers, and the company’s lawn care affiliate, Scotts LawnService. On October 31, 2008, EPA issued an Amended Stop Sale Order that allows Scotts to sell one of these products (“SouthernMax” or “Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer”) provided the product is properly labeled according to EPA requirements.
As part of EPA’s investigation into Scotts pesticide products, in June, September and October 2008, and January and February 2009 EPA issued “stop sale, use or removal” orders for 19 more Scotts products that are unregistered, improperly labeled, make false or misleading claims, contain statements that EPA did not approve as part of the products’ registration, or make claims that were not supported by submissions of required scientific studies. Additional information is provided below about each product and the issues of concern.
Retailers can continue to distribute and sell their current stock of the 19 products affected by the June, September and October stop sale orders. However, certain stocks that remain in Scotts’ facilities must be relabeled or repackaged with EPA-accepted labels. EPA may amend or issue stop sale orders that would allow Scotts to resume selling and distributing some of these products from its facilities once they are properly labeled according to EPA requirements. One Scotts’ product will be returned to its manufacturer, Golden Gate Designs, for appropriate handling or modification. While EPA is allowing products already in the hands of retailers to be sold, consumers can contact Scotts at 1 [phone] or through their web site at www.scotts.com, to obtain corrected label directions.
Before a pesticide can be sold or distributed, it must be registered with EPA to protect public health and the environment. As part of the registration process, a company must ensure the pesticide meets the claims made on its label. To ensure the safe use of pesticides, companies are also required by federal law to provide accurate information and instructions on the product label. Companies wanting to amend pesticide labels are required to seek EPA approval. Pesticide products must comply with federal regulations to maintain consistency, avoid confusion, and ensure that products can be used properly and safely.
Top of page
Twenty Four Pesticides Products Affected
EPA Reg. # Product Name Reason for Stop Sale Stop Sale Date Product Sale Resumption Date*

538-282 "Turf Builder Plus2 Weed Control" 07/30/09

538-213 "Scotts 33-0-0 Extended Residual Feretilizer Plus Preemergent Weed Control" Unsubstantiated label claims.
02/26/09

538-192 "Halts" False or misleading and unsubstantiated label claims. Contains unapproved Ingredients
01/29/09

538-60 "Starter Fertilizer Plus Crabgrass Control" False or misleading label claims. Contains unapproved Ingredients
01/29/09

538-280 "Super Turf Builder with Plus 2 Weed Control" False or misleading label claims. Contains unapproved Ingredients
01/29/09

538-202 "Crabgrass Preventer Plus Lawn Fertilizer" False or misleading label claims. Contains unapproved Ingredients
01/29/09

279-3203-538 "Talstar 0.086 Lawn Granular Insecticide with Fertilizer" False or misleading label claims.
01/29/09

538-190 "Turf Builder Plus Halts for Lawns" False, misleading or unsubstantiated label claims. Contains unapproved Ingredients
01/21/09

239-2666 "Weed-B-Gon Lawn Weed Killer for Lock 'N Spray" False or misleading label claims.
01/21/09

538-88 "Systemic Fungicide" Contains unapproved Ingredients
01/21/09

239-2491 "Ortho Brush B-Gon Brush Killer" Improper or insufficient labeling
10/31/08
per Stop Sale Order 10/31/08

239-2690 "Weed B-Gon Spot Weed Killer Concentrate" Improper or insufficient labeling
10/31/08
per Stop Sale Order 10/31/08

239-2691 "Weed B-Gon Spot Weed Killer Concentrate" Improper or insufficient labeling
10/31/08
per Stop Sale Order 10/31/08

239-2516 “Season Long Max Weed and Grass Killer Plus Preventer” False or misleading label claims
9/12/08

239-2665 “Weed B Gon Lawn Weed Killer 3” or
“Weed B Gon® MaxTM SinglesTM” Improper or insufficient labeling
9/12/08

239-2679 “ORTHO Roach, Ant and Spider Killer” or “Roach, Ant and Spider Killer” False, misleading, or unsubstantiated label claims
Improper or insufficient labeling
9/12/08

2217-896-239 “Weed B Gon Max Plus Crabgrass Control Singles” Improper or insufficient labeling
9/12/08

538-281 “Winterizer with Plus 2 Weed Control” Contains unapproved ingredients
9/12/08

538-283 Super Winterizer with Plus 2 Weed Control” or
“Super Turf Builder WinterguardTM with Plus 2® Weed Control” Contains unapproved ingredients
9/12/08

No Regis- tration number “Citronella Lamp Oil” Unregistered pesticide product
9/12/08

239-2663 “Ortho Home Defense MAX Perimeter and Indoor Insect Killer” False, misleading, or unsubstantiated label claims
Improper or insufficient labeling
6/26/08

538-299 “Turf Builder Pre/Post 2” or “
Scotts Turf Builder Max Plus 2 Weed & Feed And Crabgrass Preventer” Sold before EPA registration with false or misleading label claims or lacking proper safety instructions
4/23/08

538-301 “SouthernMax” or
“Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer” Sold before EPA registration with false or misleading label claims or lacking proper safety instructions
4/23/08
Amended Stop Sale Order 10/31/08

538-304 “SLS Fertilizer With .28 Halts,”
“0-0-7 Plus .28% Halts Pro,”
“22-0-8 Plus .28% Halts Pro” or
“14-2-5 Plus .28% Halts Pro” Unregistered pesticide product
4/23/08

62355-4 “Garden Weed Preventer + Plant Food” or “Miracle-Gro Shake ‘n’ Feed All Purpose Plant Food Plus Weed Preventer” Unregistered pesticide product
4/23/08


*Scotts allowed to resume sales if properly labeled
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
Scotts Stop Sale, Use or Removal Orders
• July 30, 2009 - SSURO (PDF) (9pp, 247K)
• February 26, 2009 - SSURO (PDF) (9pp, 237.30K)
• January 29, 2009 - SSURO (PDF) (124pp, 3.26Mb)
• January 21, 2009 - SSURO (PDF) (50pp, 1.67Mb)
• October 31, 2008 - SSURO (PDF) (12pp, 324K)
• September 12, 2008 (PDF) (46pp, 2K)
• September 12, 2008 - Citronella (PDF) (5pp, 90K)
• September 12, 2008 - Citronella Manufacturer (PDF) (5pp, 136K)
• June 26, 2008 (PDF) (6pp, 246K)
• April 25, 2008 (PDF) (6pp, 232K)
• April 23, 2008 (PDF) (8pp, 230K)
• April 23, 2008 - (Sent to Nine Major Retailers) (PDF) (5pp, 49K)

[tblue37]

10. How awful! Poor birds. nt

[wakemewhenitsover]

13. ty for posting and for reporting

Important to get the word out asap.

[Liberty Belle]

18. Anyone know what could cause birds to look "sunken in"?

The Cypherts say these didn't look like normal dead birds. The bodies were "sunken in."

Anybody here have expertise in toxicology, fish and game, or some relevant field who might offer some insights here?

[druidity33]

28. a dessicant?

Something that absorbs moisture? Alum?

:shrug:

No relevant experience whatsoever, just wild guessing...

[Lorien]

30. Extreme vomiting and diarrhea caused by chemical pesticides or fertilizers

Someone poisoned birds and other wildlife in my neighborhood years ago. I gathered up five sick and dying raccoons (mostly babies) and one live bird. The wildlife rehab center destroyed all but one raccoon and managed to save the bird and the single raccoon cub, who was later deemed mentally retarded and placed in a rescuers home as a pet. They were pretty sure that the poison came from a lawn fertilizer. They said that the animals became so dehydrated so quickly that most had organ failure and couldn't be saved. They all had a "sunken" appearance.

[Liberty Belle]

34. Thanks, that sounds very similar; I'd suspected a neurotoxin.

So sorry to hear about your poisoned birds and animals - if people knew what this stuff could cause they would go organic.

[WhiteTara]

22. how awful!

I would be horrified if that had happened to me. We feed so many birds and squirrels. I'm sorry it happened to you and all those creatures. I'll spread the word here. No Scotts products.

[blueworld]

23. Thank you for posting this

I already boycott ALL Scott's products for a variety of reasons including their bigoted attitude toward employees and the arrogant amount of chemical filth & poisons they produce.

As an environmental/garden writer & former Master Gardener & bird lover, I'll be all over this & pass the info along. Thanks so much again.

[Liberty Belle]

33. Great! Please forward anything you find out to me

[e-mail]

Many thanks.

[bvar22]

24. Shit!... We use that stuff.

So far, no problems,
but now we're worried.
We only feed during the Winter, and have enough on hand
to finish up this year. Maybe we'll know more by next Winter.

My wife & I moved to The Woods and started growing our own food in 2006.
Contamination of the Factory Food Distribution and Packaging system in the US was one of the primary reasons for our move.

[Lorien]

31. Wow, I've never seen so many cardinals in one place!

Beautiful!

Off topic: I was recently doing some online research on square foot gardening, and one of your threads popped up on the first few pages! That's quite a garden that you have going there. I live in the city and have only a small front and back yard, but I think that if I used the square foot method I could grow enough for myself and a neighbor or two. I may also raise chickens for the eggs (I'm a vegetarian). I agree; factory food is very unsettling.

[Pooka Fey]

25. K&R I feed wild birds only in winter, I better go check the brand.

I won't be buying Miracle Gro for my plants anymore. Thanks for posting.

[Lorien]

29. Anything made by Scotts is bad news

A family member of mine used to live only a few miles from their facility in Marysville, Ohio. The cancer rates in that town were astronomical. He knew he had to move or he would be next (in fact, he did develop cancer shortly after moving).He always said that Marysville would turn out to be another Love Canal-and all because of Scotts.

[1]

36. any updates? liberty? any followup? any more ideas about this? this one problem at this one aviary?

milt and laura's thoughts aside (and yours.)

any more thoughts about this issue?

come clean, liberty.

any more thoughts?