Michigan bottle return law struck down

Court: law illegally affects interstate commerce

Published On: Nov 30 2012 03:28:55 AM EST
Beverage label displaying Michigan deposit
LANSING, Mich. -

A federal appeals court has struck down a Michigan law that makes beverage companies put a special mark on returnable cans and bottles sold in the state.

The court said Thursday that Michigan is illegally affecting interstate commerce by dictating where cans and bottles can be distributed.

That's because the law says containers with a special Michigan mark can only be sold in Michigan and states that also require deposits. Failure to comply is a crime.

The law was approved in 2008 in an attempt to stop people from buying beverages in other states and then redeeming the containers in Michigan for the dime deposit. The appeals court in Cincinnati says there may be other ways to crack down on the problem, including a receipt to prove a Michigan purchase.