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Board of Supervisors 1221 Oak Street – Oakland, CA 94612 For Immediate Release October 1, 2014 Contact: Kamika Dunlap (510) 272-3691 Press Conference Announcement NINTH CIRCUIT COURT OF APPEALS RULES IN FAVOR OF ALAMEDA COUNTY SAFE DRUG DISPOSAL ORDINANCE County of Alameda to call on pharmaceutical industry to help make the take-back program a success WHAT: The U.S. 9th U.S. 9th Circuit Federal Court of Appeals upheld Alameda County’s Safe Drug Disposal Ordinance, which was passed in 2012. The ordinance is the first in the nation to require drug manufacturers to be responsible for disposal costs. The lawsuit, filed by trade associations representing the manufacturers and distributors of pharmaceutical products, argued that the ordinance violated the dormant Commerce Clause of the US Constitution as it interfered with interstate commerce. In a 3-0 ruling, the United States Court of Appeals for the Ninth Circuit denied the appeal saying that the Alameda County Ordinance “neither discriminates against nor directly regulates interstate commerce.” This ruling opens the doors for other jurisdictions to follow suit. Today, the County of Alameda and other leaders are calling on the pharmaceutical industry to work hand in hand to make the take-back program a success in Alameda County. Joining together, a model program can be created that can be put into action throughout the country. WHEN: Thursday, October 2, 2014 10:00 a.m. WHERE: 1221 Oak Street Oakland, CA 94612 WHO: Keith Carson, President, Alameda County Board Nate Miley, Alameda County Supervisor, District 4 Donna Ziegler, Alameda County Counsel Heidi Sanborn, Executive Director, California Product Stewardship Council Board of Supervisors 1221 Oak Street – Oakland, CA 94612 For Immediate Release October 1, 2014 Contact: Kamika Dunlap (510) 272-3691 ALAMEDA COUNTY APPLAUDS 9TH CIRCUIT FOR UPHOLDING ITS SAFE DRUG DISPOSAL ORDINANCE (Oakland, CA) –The U.S. 9th Circuit Federal Court of Appeals upheld an Alameda County ordinance passed in July 2012 requiring drug producers who sell, offer to sell or distribute prescription drugs in Alameda County to collect and safely dispose of the county’s unwanted prescription medications. The ordinance is the first in the nation to require drug manufacturers to be responsible for disposal costs. The lawsuit, filed by trade associations representing the manufacturers and distributors of pharmaceutical products, argued that the ordinance violated the dormant Commerce Clause of the US Constitution as it interfered with interstate commerce. In a 3-0 ruling, the United States Court of Appeals for the Ninth Circuit denied the appeal saying that the Alameda County Ordinance “neither discriminates against nor directly regulates interstate commerce.” “Today’s decision was the right decision. We believe our Safe Disposal Drug Ordinance is fair and will set a national precedent as a new policy tool for local governments to protect public health and the environment,” said Nate Miley, Alameda County Supervisor, District 4. “We have led the charge and it is my hope that the pharmaceutical industry will embrace this ruling and join us in keeping unwanted medications from causing harm such as accidental poisoning, abuse by children and teens, or ending up in our waterways.” In a letter dated July 23, 2012 in support of the Alameda Ordinance, Robert Kennedy, Senior Attorney for the Natural Resources Defense Council and Board Chairman for Recycling Reinvented stated, “I am a firm supporter of Extended Producer Responsibility (EPR) as a policy approach that can reduce waste and improve water quality while protecting public and environmental health…safe disposal of pharmaceuticals should be a shared responsibility. The Alameda County Safe Medication Disposal Ordinance is built on an EPR model that will provide safe and convenient options for disposal of unused drugs to protect the public and aquatic life from pharmaceuticals flushed directly into the water system.” “The California Product Stewardship Council is encouraged by today’s ruling. This is a big victory for Alameda County to be sure, but also for every local government in the nation that wants to reduce public costs and make proper management of medicines, or any product, more convenient for the public,” said Heidi Sanborn, Executive Director of the California Product Stewardship Council. “We have worked closely with Alameda County over the last three years to make collection of medications safe and convenient for all Alameda County residents by mirroring the success of the producer operated and funded take-back program operating in Canada without increasing drug costs. Our hope is that this is the end of the fight, and the beginning of a productive relationship with the pharmaceutical companies to provide the same convenient medication collection at pharmacies in Alameda as they’ve provided in British Columbia for the past 15 years.” Today’s Court decision will help pave the way for similar programs across the United States. Through shared responsibility of getting unwanted medications properly disposed of we can make huge strides in protecting our children, our pets and our environment for today and future generations.