So I thought I'd go back a tiny bit to last month and briefly mention a lawsuit that shows a lot of cojones by a tiny little recycling company:
"Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California . . . . The gravamen of the complaint is that defendants knowingly and “falsely” label beverage containers sold both inside and outside California with “CA CRV,” “California Redemption Value,” or similar labels when, in fact, under California law, only containers purchased inside California may be redeemed in California. The complaint alleges that containers sold outside California are transported into California and redeemed at recycling centers like those operated by plaintiffs, and this exposes plaintiffs to state regulatory fines and penalties, risks rendering the “California Beverage Recycling Fund” insolvent, and thereby risks the economic viability of plaintiffs’ recycling businesses."
It's a creative argument. But, not surprisingly, one that doesn't work. For a variety of different reasons, one of which can be summarized in three words:
Dormant. Commerce. Clause.
Sorry about that. Yeah, it's a hassle that some people drive in cans from Arizona to redeem them in California. But there are ways to solve, or at least try to solve, that problem short of the nationwide relabeling that plaintiffs seek.
Sorry about that. Nice try, though.