[Pharmwaste] Pharma industry complaint against Alameda County

Fred Miller millerfl at tricity.wsu.edu
Mon Dec 10 16:24:01 EST 2012


After reading the filing I believe the plaintiffs will prevail on
constitutional grounds.  Some of their other claims are suspect but the
challenge is based upon constitutional law where they stand on fairly firm
and clear ground.  To go back up the channel beyond the party who imports
into a jurisdiction is clearly a violation of the ICC, and even that step is
very likely to be slapped down.   They can't even give
manufacturers/distributor the option of not doing business in the
jurisdiction without violation of the ICC.  Political subdivisions may tax
activities which occur within their jurisdiction but they can't reach beyond
those geographical bounds.  To implement such a program would require
federal action to keep from running afoul of the ICC.

 

I believe these programs should be a function of government.  That allows a
tax to be imposed upon retail sales within each jurisdiction which is
clearly allowed.  As this ordinance stands, Alameda County is trying to grab
a free ride off the rest of the nation.  Their pandering politicians lack
the courage to tell people we all bear responsibility for what we consume.

 

Fred

 

From: pharmwaste-bounces at lists.dep.state.fl.us
[mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Scott Cassel
Sent: Sunday, December 09, 2012 4:08 AM
To: pharmwaste at lists.dep.state.fl.us
Subject: [Pharmwaste] Pharma industry complaint against Alameda County

 

Thanks to one of our members for the attached  11-page complaint filed in
federal court by PhRMA, GPhA, and BIO against Alameda County's Safe Drug
Disposal Ordinance. The lawsuit provides a concise summary of the law. It is
also a broad rebuttal against the concept of producer responsibility,
arguing that drug-take back programs should be a government function. 

 

 

____________________________
Scott Cassel

Chief Executive Officer/Founder
Product Stewardship Institute, Inc.
29 Stanhope Street
Boston, MA 02116
617-236-4822 (ph)
617-236-4766 (fax) 
 <mailto:scott at productstewardship.us> scott at productstewardship.us
 <http://www.productstewardship.us/> www.productstewardship.us

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