[Pharmwaste] Pharma industry complaint against Alameda County

[Miller, Bradley]

I'm not so sure that the law is unconstitutional


In principle, its no different than NY State's electronics recycling
law, which requires manufacturers of electronics sold in NY State to
provide free take back programs for the recycling of electronics.

 

http://www.dec.ny.gov/chemical/65583.html

 

I believe there is the option of opting out, however, by not selling
products in NY state.

 

I see no reason why a pharmaceutical law couldn't be crafted that is
similar to the electronics take-back law.

 

Brad Miller, CHMM
University of Rochester

 

 

 

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 4:24 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) 
scott at productstewardship.us <mailto:scott at productstewardship.us> 
www.productstewardship.us <http://www.productstewardship.us/> 

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