Alamo Recycling v. Anheuser Busch Inbev Worldwide

I. INTRODUCTION

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC

(Chino) operate “recycling center[s]” where beverage containers sold in California may

be redeemed for their “California Redemption Value.” In this action, plaintiffs sued

defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or

2 distribute beverages containers in California (the Beverage Companies or defendants).

The trial court sustained defendants’ general demurrer to the complaint without leave to

amend (Code Civ. Proc., § 430.10, subd. (e)), dismissed the complaint, and entered

judgment in favor of defendants. Plaintiffs appeal.

The gravamen of the complaint is that defendants knowingly and “falsely” label

beverage containers sold both inside and outside California with “CA CRV,” “California

Redemption Value,” or similar labels when, in fact, under California law, only containers

purchased inside California may be redeemed in California. The complaint alleges that

containers sold outside California are transported into California and redeemed at

recycling centers like those operated by plaintiffs, and this exposes plaintiffs to state

regulatory fines…