UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of
Report (Date of earliest event reported): July 1, 2008 (June 26, 2008)
The Scotts Miracle-Gro Company
(Exact name of registrant as specified in its charter)
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| Ohio
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1-13292
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31-1414921 |
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(State or other jurisdiction
of incorporation)
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(Commission File Number)
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(IRS Employer
Identification No.) |
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| 14111 Scottslawn Road, Marysville, Ohio 43041 |
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| (Address of principal executive offices) (Zip Code) |
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| (937) 644-0011 |
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| (Registrant’s telephone number, including area code) |
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| Not applicable |
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| (Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation of the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 7.01. Regulation FD Disclosure
On June 26, 2008, The Scotts Miracle-Gro Company (the “Company”) received a Stop Sale, Use or
Removal Order (the “stop sale order”) from the U.S. Environmental Protection Agency (“USEPA”) with
respect to the Company’s Ortho® Home Defense® Indoor & Outdoor Insect Killer, which includes Ortho®
Home Defense Max® Perimeter & Indoor Insect Killer (“Ortho Home Defense Max”). These products
collectively represent approximately $20 million in sales for the remainder of the Company’s fiscal
year.
The Company had previously notified the USEPA of a labeling discrepancy related to these products
as the Company continues to voluntarily cooperate with the previously disclosed USEPA and U.S.
Department of Justice investigation related to some of the Company’s product registrations. The
Company believes a former associate deliberately circumvented the Company’s policies and USEPA
regulations.
The products that are subject to the stop sale order are registered with the USEPA. The Company
believes the issues that prompted the stop sale order are related to administrative concerns with
the product labels. The USEPA stop sale order currently prohibits the Company from shipping the
affected products but does not prevent retailers from selling existing inventory and does not
affect consumers’ continued use of products that have been previously purchased. The Company is
engaged in ongoing discussions with the USEPA to promptly resolve all issues with respect to the
Ortho Home Defense Max labels so that the Company can promptly recommence shipping of the affected
products.
For more information with respect to additional risks and uncertainties the Company may face in
connection with the USEPA investigation and the related criminal investigation by the U.S.
Department of Justice, please see the Company’s Quarterly Report on Form 10-Q for the fiscal
quarter ended March 29, 2008.
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