New York, NY – On August 13, 2009, U.S. District Court Judge Deborah Batts (Southern District of New York) modified the preliminary injunction order granted on May 29 to the International Bottled Water Association (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 August 13 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. Judge Batts has set an October 22 hearing date for IBWA and other plaintiffs to determine an implementation date for bottled water products. 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 center. 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 programs. 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.”