[Pharmwaste] Pharma industry complaint against Alameda County

Tue Dec 11 11:45:35 EST 2012

I think Fred's first paragraph is interesting and I'm curious to see how this plays out.

I don't have the energy to point out everything wrong with the second paragraph, but if you have no understanding of the concept of product stewardship, then the argument is lost anyway. Alameda was brave to stand up to big PhRMA. They did something that many other states and local units of government have been trying to do for several years. There is national legislation that I've heard is not likely to go anywhere, but it is there because people are tired of industry dumping on government and the taxpayers. We all know everybody pays for this, there is no away, be it through taxes or user fees.

Please consider the real benefits of a great product stewardship program, programs that are in place in other nations: the cradle to cradle system between manufacturers, retail and customer is maintained with no government "out". Companies faced with managing their own waste invest in ways to reduce it, to make products and components that are less toxic and which can be better recycled; they learn what doesn't work (over-prescription or wasting of certain less tolerable drugs), in this case, they develop better ways to deliver drugs/target a problem; they develop transport efficiencies. Those interested in less government should be interested in helping companies get their resources back to the point of manufacture for reuse. I've been in solid waste for 25+ years and government can no longer manage the waste burden. Private industry needs to step up and apply their fabulous brains and resources to this problem.

Nice way to step up PhRMA. They will spend more on this lawsuit than they would have spent on giving the program a try.
________________________________
From: pharmwaste-bounces at lists.dep.state.fl.us [pharmwaste-bounces at lists.dep.state.fl.us] on behalf of Heidi [Heidi at calpsc.org]
Sent: Monday, December 10, 2012 6:25 PM
To: Fred Miller; pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Pharma industry complaint against Alameda County

Fred – wow.  Calling Supervisor Miley and the county supervisors pandering politicians is completely irresponsible and unprofessional.  I’m sorry this type of post is allowed on this listserv.

Heidi

From: pharmwaste-bounces at lists.dep.state.fl.us [mailto:pharmwaste-bounces at lists.dep.state.fl.us] On Behalf Of Fred Miller
Sent: Monday, December 10, 2012 1:24 PM
To: pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Pharma industry complaint against Alameda County

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> [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<mailto: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)
scott at productstewardship.us<mailto:scott at productstewardship.us>
www.productstewardship.us<http://www.productstewardship.us/>
P Please consider the environment before printing this email
Click to follow us on Facebook<http://www.facebook.com/pages/Product-Stewardship-Institute/224328115936?ref=ts> and Twitter<http://twitter.com/productsteward> and Blog<http://productstewardshipinstitute.wordpress.com/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.dep.state.fl.us/pipermail/pharmwaste/attachments/20121211/1e42bd9c/attachment.htm