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Home » $3.6M Enforcement Action Filed Against CVS For Alleged Failure To Comply With State Bottle Bill

$3.6M Enforcement Action Filed Against CVS For Alleged Failure To Comply With State Bottle Bill

by CLAYCORD.com
9 comments

A state recycling agency on Monday announced a $3.6 million enforcement action against the CVS store chain, alleging that it failed to comply with requirements of California’s so-called “bottle bill” for the recycling of cans and bottles.

Lawyers with the California Department of Resources Recycling and Recovery filed the administrative accusation against CVS Health Corp. on Thursday.

The filing contends CVS has violated the law in 81 of its 848 stores statewide, by either failing to give customers refunds for recycled bottles, failing to pay an alternative fee of $100 per day or failing to submit an affidavit describing a store’s compliance.

Under the law, consumers pay a deposit of 5 or 10 cents per beverage container, which can be refunded when the bottle or can is recycled.

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Retailers in areas with no nearby recycling center must either pay the refunds in their stores or pay the $100 per day fee.

The filing seeks to recover $1.83 million for allegedly unpaid fees plus an equal amount in civil penalties.

CVS spokesman Michael DeAngelis said the Rhode Island-based company is reviewing the filing.

“CVS Pharmacy is committed to contributing to healthier, more sustainable communities,” he said.

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The company is entitled to an evidentiary hearing before an administrative law judge before any sanctions are ordered.

The recycling department, known as CalRecycle, is part of the California Environmental Protection Agency.

Environmental Protection Secretary Jared Blumenfeld said in a statement, “This action sends a message that we will hold retailers accountable for refunding consumers their nickel and dime deposits. Everyone must do their part as we work to protect our environment.”

California has one of the highest recycling rates in the nation, according to CalRecycle. Last year, Californians recycled 18 billion beverage containers, three-fourths of the 24 billion cans and bottles sold in the
state, the agency said.

The deposit amount is 5 cents for cans and bottles under 24 ounces and 10 cents for larger containers.

9 comments


martinezdad December 9, 2019 - 7:04 PM - 7:04 PM

Sounds like a government shake down of a business

Legal Eagle December 9, 2019 - 9:30 PM - 9:30 PM

Californian citizens lost approximately $308 million from stores refusing to redeem bottles as required under existing laws in 2018, according to a report from earlier this year.

https://www.latimes.com/business/la-fi-recycling-centers-california-crv-20190228-story.html

Sounds like the stores would prefer to nickel and dime customers for every last cent they can grab.

Ilovepopcorn December 9, 2019 - 9:38 PM - 9:38 PM

Here we go again. Those damn liberal folks. You all are paranoid. We live in a democracy not an aristocratic society. Ha ha. Not. CVS is totally irresponsible. However I will not shop there ever again and I am not alone. Can ya’ll guess why? Has nothing to do with this latest controversy.

james December 9, 2019 - 7:26 PM - 7:26 PM

Most stores will tell you they don’t have room.Some stores will look at you like youre crazy and wont even answer you.

Sick of it December 9, 2019 - 8:30 PM - 8:30 PM

Seems crazy for them to have to take them. Old dirty bottles that may have fluid still in them stored in the stock room with new stuff possibly leaking. What could go wrong. And once they have them what are they supposed to do with them. If we would have only stayed with glass bottles like the European countries and the way we used to do it, we would have been ahead of this game

james December 9, 2019 - 10:27 PM - 10:27 PM

You need to look at who benefits from the use of plastic over glass,and it’s the govt.They set up regulations to be their own insider trading,and when it’s more profitable to use plastic,of course the govt gets a slice of everything,Glass and making glass bottles is is cheaper,they don’t want that.And if course anytime theres a military conflict(they will never call it war anymore) the price of lead,copper,brass and aluminum skyrocket.They love war,it stimulates the economy,problem is,they won’t tell you it’s a war.It’s bad for PR and the American tourist industry.

Legal Eagle December 9, 2019 - 9:24 PM - 9:24 PM

I was informed by an agent at CalRecycle last month that 15 Safeway stores in Contra Costa and Alameda county were found to be in violation of their duties under the bottle bill to redeem containers. Store managers at different branches had signed sworn statements under oath that they were collecting bottles when that was blatantly false. CalRecycle had undercover officers attempt to redeem bottles at the store and were turned away.

The only Safeway in the area that is accepting bottles for redemption is the Safeway in Lafayette on Mt Diablo Blvd; the manager said a clerk was “misinformed” that their store no longer took containers.

Make sure you limit your redemption to 50 containers per material type per trip, and state that you want to be paid per unit, otherwise the store manager can elect to pay you by weight (generally you receive less cash).

Dood December 10, 2019 - 9:30 AM - 9:30 AM

I didn’t know you could take them back to the retailer? How does this work you bring the bottles/cans back with a receipt?

I don’t even bother personally and just throw them all in my curbside recycling.

Foonman December 10, 2019 - 10:33 AM - 10:33 AM

I had the same impression. No stores seem to have that set up. I thought I was missing something in the law. Someone needs to give me the facts, as simply as possible. I haven’t observed Walgreens or Riteaid stores recycle. Maybe a great secret? Need info!


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