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Attorney General DeWine Announces Settlement with Ohio Mulch

12/17/2014

(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today announced that consumers will be able to get a rebate for one free bag of mulch this spring under a settlement with Ohio Mulch Supply Inc. that resolves allegations that the company sold under-filled bags of mulch in spring 2014.

“We worked hard to negotiate a fair settlement that would benefit consumers and ensure greater quality assurance measures moving forward,” Attorney General DeWine said. “We are pleased that Ohio Mulch has agreed to change its procedures to prevent a recurrence of the problem and to provide consumers with free mulch this spring.”

Ohio Mulch Supply Inc. is a Columbus-based corporation that sells mulch and soil products across the state and region.

Between March and May 2014, the Ohio Department of Agriculture tested random samples of Ohio Mulch bags labeled as containing 1.5 cubic feet, 2 cubic feet, or 3 cubic feet of mulch products but found that some of the bags did not contain the amount represented. Ohio Mulch attributed the shortages to a problem with its bagging machine.

Following notification from the Ohio Department of Agriculture, the Ohio Attorney General’s Office opened an investigation to review possible violations of Ohio’s consumer protection laws, including regulations that prohibit suppliers from misrepresenting their products and services.

The investigation concluded with a settlement between the Attorney General and Ohio Mulch.

Under the agreement, Ohio Mulch agrees to issue rebate coupons for one free 2-cubic-foot bag of Ohio Mulch-manufactured mulch product for purchases made between May 1, 2015, and May 17, 2015, at Ohio Mulch retail stores or other third-party retailers. After buying the mulch, consumers must submit the rebate coupon and proof of purchase online or via a rebate mailing address in order to receive the rebate amount. No additional purchase is required to get the free bag of mulch. There is a limit of one bag per household.

The rebate coupons will be available on Ohio Mulch’s website from April 30, 2015, to May 17, 2015, and in print and online in the Cleveland Plain Dealer, Toledo Blade, Dayton Daily News, Columbus Dispatch, Youngstown Vindicator, Akron Beacon Journal, and Cincinnati Enquirer the weekends of May 2, 2015, May 9, 2015, and May 16, 2015.

Ohio Mulch also agrees to implement quality assurance procedures such as:

  • Implementing daily visual inspection of the mulch bagging machine
  • Including lot numbers and bagging dates on each bag of mulch
  • Transitioning to clear product packaging so that consumers can inspect a bag’s content
  • Implementing visual inspection and testing of mulch bags on the production line
  • Documenting quality assurance policies in writing and training employees on the policies
  • Submitting copies of mulch-filling tests to the Ohio Attorney General’s Office for the next 18 months

Additionally Ohio Mulch will pay $25,000 to the Ohio Attorney General’s Office to cover investigative costs and fund consumer protection efforts.

Consumers who have questions about the settlement or those who want to report unfair business practices should contact the Ohio Attorney General’s Office at 800-282-0515 or www.OhioAttorneyGeneral.gov.

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Documents

Assurance of Voluntary Compliance (PDF)

Media Contacts

Dan Tierney: 614-466-3840
Kate Hanson: 614-466-3840

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