News
Injunction granted against ‘Bottle Bill’ expansion law
The International Bottled Water Association (IBWA), Nestlé Waters North America and Polar Beverages have been granted a preliminary injunction stopping New York State’s recently enacted ‘Bottle Bill’ expansion law from commencing on 1 June 2009.
Judge Thomas P Griesa granted the preliminary injunction, which means that additional court proceedings will now occur, though hearing dates have yet to be set.
Of particular note, this ruling by Judge Griesa came from the bench at the conclusion of the hearing, which some believe indicates the strength of IBWA’s case. The court particularly noted that provisions of the statute that require a New York State-specific UPC code be halted. The court also granted an injunction against enforcement of the 1 June deadline. The court requested that both sides provide further information for a reasonable timeframe in which to enact a workable, effective date.
A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equity tips in his favour, and that the injunction is in the public interest.
In his ruling, Griesa didn’t expressly address the so-called ‘sugar water’ exemption. However, it is expected to be included in his formal written order to be issued in the next few days.
Source: IBWA
See also
Latest news
| |