Federal Court Halts New York Bottle Bill Implementation in Response to Concerns

To Press Releases listMay 27, 2009

New York, NY – Today, the United States District Court for the Southern District of New York issued a preliminary injunction delaying both implementation of the Returnable Container Act (“Bottle Bill”) and a requirement for New York-exclusive UPC Code labeling, pending further review to decide on the constitutionality of the law.

Nestlé Waters North America CEO Kim Jeffery issued the following statement supporting the decision:

“Nestlé Waters strongly supports laws that advance convenient recycling programs and protect the environment.  The best laws encourage comprehensive recycling, promote consumer health, and apply to all beverages. The New York Bottle Bill fails to accomplish these goals and actually hurts community-based recycling.  It is also unconstitutional and leaves New York without a viable and effective program.

“Today, the court recognized the constitutional and due process problems created by the Bottle Bill.  Beyond that, it will be up to the State Legislature and the Governor to address the environmental weaknesses of the new law, unnecessary costs, and the inexplicable exemption of sugared beverages. It’s time for New York to focus on the future, recycle their outdated bottle scheme, and put the nickels to work for a cleaner and healthier New York.”