[Pharmwaste] Pharma industry complaint against Alameda County

Tue Dec 11 12:07:19 EST 2012

Jennifer,

In my second paragraph I was speaking not to product stewardship but rather
law, politics, and human nature. 

You provided "Companies faced with managing their own waste invest in ways
to reduce it" and I couldn't agree more.  Where we differ is what
constitutes a "company" in this problem.  I see the pool of prescribing
professionals, dispensing outlets, and consumers as the "company" and fates
of their wastes to be something THEY must invest in before anything else
matters.  Where's their incentive to do better if they're not paying for
waste management in a tangible way?  Hidden costs rarely influence behavior
of such a "company" because it soon gets shuffled into the background as an
unavoidable cost of doing business.  When it's turned into a cost center
they must deal with, management (consumers, physicians, pharmacists)
suddenly start paying attention because it's something they can control
directly.  Don't take my word for it.  Ask any economist.

As I said, mileage may vary.

Servus

From: Volkman, Jennifer (MPCA) [mailto:jennifer.volkman at state.mn.us] 
Sent: Tuesday, December 11, 2012 8:46 AM
To: Heidi; Fred Miller; pharmwaste at lists.dep.state.fl.us
Subject: RE: [Pharmwaste] Pharma industry complaint against Alameda County

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] 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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