Canadian Group Files Lawsuit Over Illegal Use of Deposits

Group faults retailers, bottlers and steward in charge of program.

 

The Consumers' Association of Canada has filed a major class action lawsuit against the beverage industry, retailers and Encorp Pacific. The focus of the lawsuit is the illegal use of consumer deposits collected under British Columbia’s Beverage Container Stewardship Program Regulation.

 

In addition to bottlers and retailers, Encorp Pacific, the authorized steward approved by the BC Government under the regulation, has been named in the lawsuit.

 

"The BC beverage container regulation is very clear," said Bruce Cran, president of the Consumers' Association of Canada, "deposits collected from consumers can only be used for one purpose - paying refunds to consumers when containers are returned. Since 1998 the industry has collected and used over $70 million in consumer deposits for purposes that are not authorized under the regulation."

 

"The purpose of the legislation was to have industry assume responsibility for its polluting product by putting into place a recycling system and paying the costs of this system," said Cran. "The consumers' role was to pay the deposit, incur the costs of returning the container and then obtain a refund when the container was returned. To date, consumers have carried out their responsibility to a high level and recycling is a major success in the province."