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IBWA and Nestlé continue efforts to secure better NY bottle
On 13 August 2009, US district court judge Deborah Batts modified the preliminary injunction order granted on 29 May to the IBWA and other plaintiffs that enjoined the state of New York from implementing all provisions of the recently enacted bottle bill amendments.
The Judge’s 13 August order lifts the original injunction and allows most of the amendments to the bottle bill to be implemented immediately for all products except bottled water. The injunction on the provision that would have required a New York specific UPC for all beverages remains in full force and effect.
Judge Batts has set a 22 October hearing date for IBWA and other plaintiffs (Nestlé Waters North America and Pola Beverages) to show cause why the due process requires a continuation of the injunction. At that hearing, the plaintiffs will present the court with information that demonstrates the need to maintain the April 2010 effective date set forth by the court on 29 May.
According to IBWA president, Joe Doss, “October is still too short a period of time for many bottled water companies, especially the smaller companies, to meet New York’s new bottle bill amendments”.
As a reminder, the key provisions of the amended bottle bill would:
- Add bottled water to the beverages subject to the 5 cent deposit
- Increase the handling fee from 2 cents to 3.5 cents
- Allow the state to keep 80% of the unclaimed deposits (the remaining 20% goes to the company).
IBWA continues to seek a revision to the provision of the bottle bill amendments that exempts water products to which sugar has been added. It’s clear from the original court order and the 13 August modification that the UPC provision will never be implemented and the state of New York has conceded this point. “IBWA will continue to be actively involved in both the legal and legislative process concerning this important issue,” said Joe Doss.
Nestlé Waters North America president, Kim Jeffery, issued the following statement regarding a legislative solution: “National experience has shown that effective bottle deposit laws are based on four principles. First, deposits must apply to all beverages, including sports drinks, teas, juices and energy drinks. Second, the law must make recycling convenient by allowing consumers to return bottles to any retail or redemption centre. Third, handling fees must remain reasonable and not burden consumers with hidden costs that they will never get back. Finally, the law must dedicate funding to support community recycling programmes. The current New York Bottle Bill fails these tests, and its gaping loopholes and sweetheart deals will hinder recycling.
“We remain committed to working with Governor Paterson, the New York State Legislature, environmentalists, consumer advocates and recycling experts to strengthen the current law. Governor Paterson must not miss this opportunity to make this new bottle bill work for New Yorkers.”
Source: The International Bottled Water Association, Nestlé Waters North America
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