IBWA Receives Preliminary Injunction in N.Y. Bottle Bill Labeling Lawsuit
The International Bottled Water Association (IBWA) has welcomed a ruling by the U.S. District Court for the Southern District of New York issuing a preliminary injunction delaying the June 1, 2009, effective date of the state’s Returnable Container Act and the requirement for New York-exclusive universal product code (UPC) labeling. Nestle Waters North America Inc. and The Polar Corp. joined IBWA in the lawsuit.
The law requires covered beverage containers sold in the state to bear product labels that are registered with the state. Bottlers must implement a distribution system ensuring New York-labeled bottles are offered for sale only in New York.
"We are pleased and relieved that the court recognized how impossible it would be for local, national and international bottled water companies to comply with the requirements of the new law by the June 1, 2009, deadline, which comes just weeks after passage of the bill," says Joseph Doss, IBWA president and CEO.
The court requested both sides provide further information for a reasonable time frame in which to enact a workable effective date. The court also noted that provisions of the statute that require a New York State specific UPC code for all covered beverages be halted because the provision violates the commerce clause of the U.S. Constitution.
NRC Cancels 2009 Congress, Considers KAB Merger
The National Recycling Coalition (NRC), Washington, D.C., has announced that its board of directors has decided to cancel the organization’s 2009 Annual Congress and Exhibition that had been scheduled for Portland, Ore., Oct. 4-7.
The decision was finalized at a late April board meeting after what the NRC calls "an extensive analysis of likely attendance and exhibitor and sponsor financial support, and with consultation with the host state and key NRC leadership."
In a statement posted to its Web site, NRC says, "An overriding factor was the ability of our diverse and geographically dispersed membership to attend this year’s congress in light of limited government and business budgets and problematic travel restrictions."
The NRC says it may hold an event in 2010. "We very much regret having to take this step, but look forward to working with each of you in the following year to restore the congress to its rightful role as the central networking and educational event for the nation’s recycling community," its announcement states.
In related news, the NRC’s board of directors is seeking to develop a formal relationship with Keep America Beautiful Inc. (KAB), Stamford, Conn.
In a letter sent to its members, the NRC wrote that after months of discussion, the association has sought to establish partnerships or more formal arrangements with a number of organizations. The members also have been considering either downsizing or ceasing operating.
In its letter, the NRC notes that the missions of the two groups are compatible and a partnership could help extend the reach of both organizations.
Opponents, however, are dismayed by the possible merger of the two organizations, with some saying that KAB provides lip service recycling and that it is more concerned with appeasing corporate sponsors.
The NRC’s board of directors met June 5 in Washington, D.C., to discuss the KAB proposal. According to a source, the final KAB proposal was to be circulated to the NRC’s members following the meeting. The members will be able to vote on the proposal in August.
Explore the July 2009 Issue
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