Stay on Water Bottle Deposits Lifted in New York
A federal court in New York has decided to allow most parts of a new state bottle-deposit law to take effect, lifting a injunction that would have delayed implementation until April 2010. Int’l Bottled Water Ass’n v. Paterson, No. 09-4672 (S.D.N.Y., decided August 13, 2009). Additional details about the litigation challenging the law’s constitutionality appear in issue 305 of this Update. The court’s decision overturns an order entered in late May 2009 granting injunctive relief.
According to a news source, the ruling means that soft drink and beer makers must now give the state 80 percent of the unclaimed 5-cent deposits, and store and redemption handling fees will increase from 2 cents to 3.5 cents per container. Water companies making products containing flavored water, vitamin water and artificial sweeteners have apparently been given until October 22 to comply with the law, unless they can prove compliance is impossible. They did succeed in preventing the implementation of a provision requiring New York State-specific bar codes; the court’s order prevents it from taking effect. Beverage makers had argued that it would have been costly and onerous to implement.
Environmental activists are reportedly planning to seek an extension of the law to iced teas, sports drinks and other non-carbonated beverages. The water companies had argued that by exempting beverages containing sugar from the law, the state violated the Constitution’s Equal Protection Clause. See Star Gazette, August 15, 2009.
