Alamo Recycling, LLC v. Anheuser Busch InBev Worldwide, Inc.

*987 Opinion

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 distribute beverage containers in California (the Beverage Companies or defendants). 1 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…