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TIMOTHY STR�M: On 4 March 2013, Coca-Cola successfully sued an Australian territorial
government over a law which encouraged recycling.
Australians use up to 13 billion beverage containers each year, and the majority of
which are not recycled. Rather, these bottles end up as either landfill or rubbish, whereupon
they may join the 20 million items of plastic that enter the world's oceans every day.
In response to these ecological problems, the government of the Northern Territory introduced
the Container Deposit Scheme, commonly called "Cash for Containers". Beginning in 2012,
this law forced beverage bottling companies to pay a $0.10 refund to anyone who returned
their containers to a recycling centre.
It has been widely considered a success, with the Northern Territory's recycling rate doubling
within its first year. A similar recycling scheme has been operating in South Australia
for over 30 years. Under this system they achieve a recycling rate of 74 percent for
plastic and 84 percent for glass. This is over double the national recycling rates of
only 27 percent for plastic and 38 percent for glass. The South Australian scheme enjoys
a 98 percent public approval rating.
Founder of 'Clean Up Australia Day' and former Australian of the year Ian Kiernan said:
Forty percent of the rubbish removed by volunteers on Clean Up Australia Day is bottles and cans.
But in South Australia, where there is a refund system, they are just 10 percent.
However, major bottling companies, namely Coca-Cola Amatil, in league with Schweppes
and Lion, were opposed to 'Cash for Containers' scheme. They claimed that the refund will
act as a tax on their products and harm their sales.
Coca-Cola, who control around 56 percent of the Australian soft drink market, are totally
opposed to the cash-for-containers scheme. As their Australian spokesman Alec Wagstaff
says: "In terms of why we don't support a container deposit scheme, it's quite simple:
we don't think they're the best way to improve recycling in Australia. They only address
a small part of the problem, and they're very expensive. Effectively they're a green tax
on consumers".
Coca-Cola have worked to develop their image as a company devoted to sustainability.
BEATRIZ PEREZ: When you open a Coca-Cola, you know there's a refreshing beverage inside.
And inside every bottle, there is also a story to be told, a story of the journey we're taking
with you to make a positive, lasting difference wherever our business touches the world and
the world touches our business.
STR�M: Rather than the cash-for-containers scheme, Coca-Cola have put their support behind
an "industry investment solution" called the "National Bin Network". This is aimed at boosting
recycling rates and claims to be 28 times cheaper while still delivering "similar environmental
outcomes".
Coca-Cola made a string of arguments denouncing the cash-for-containers scheme. For instance,
they claim that it will increase "the cost of an average household grocery basket by
1.35 percent". And they also claim ithat it is a "supplement to the welfare system by
providing income to people who scavenge bottles and cans from bins".
The Boomerang Alliance, a group of 26 environmental organizations committed to a zero waste future,
have systematically responded to Coca-Cola's arguments. They describe the companies claims
as being partially "complete nonsense" and mostly "misleading at best".
The cash-for-containers scheme is quite similar to other recycling laws that exist in much
of Europe, parts of Canada, and the U.S. Coca-Cola is actively profitable in these countries,
despite having to contribute to recycling. Indeed, Coca-Cola has an annual trading revenue
of around $47 billion.
To fight the cash-for-containers scheme, Coca-Cola took the government of the Northern Territory
to court. Their lawyers argued that the scheme was in breach of Australia?n federal law.
The legal grounds for their challenge was the Mutual Recognition Act. This forbids different
production procedures from being applied to the same product in different states or territories.
On 4 March, Justice John Griffiths of the Federal Court ruled in favour of the beverage
companies, and the Northern Territory's cash-for-container scheme was declared illegal.
A number of environmental organizations have condemned Coca-Cola, Schweppes, and Lion.
Greenpeace launched a campaign against them and have supported calls for a national container
scheme to be implemented. They have called on the government "... to stand up to Coke's
relentless bullying and take action to protect the environment from Coke's blatant corporate
self-interest".
A direct action campaign has been launched to symbolically slander the companies while
also attacking their profit margins. Going under the name Out of Order, a collection
of independent activists around the country have begun disabling vending machines with
nothing more than a piece of paper and some tape.
I spoke with Katso, a street artist and the founder of the Out of Order campaign:
KATSO: What started as an action has kind of grown into a campaign. And we're hoping
to create more of a movement, like, a grassroots movement based on creativity and humor and
social media, combining it with direct action, so we can create awareness about really what
are really serious, important issues that affect everyone.
STR�M: This protest has been taken up by many individual activists around the county
and has received solidarity from around the world. Katso told me that in one week his
Facebook based campaign reached 800,000 people.
As yet, no official organizations have either supported or even commented on the Out of
Order campaign. This may be out of concern for any potential legal ramifications of endorsing
such civil disobedience, which, from the perspective of Coke, could be considered acts of vandalism.
The Out of Order campaign has yet to attract any mainstream media attention in Australia.
Out of Order have joined a number of other environmental organizations in supporting
The Green Party's call for a national cash-for-containers scheme to be set up. According to one poll,
this proposition is supported by over 80 percent of Australians.
The national container refund scheme will be discussed in the upcoming Council of Australian
Governments, or COAG, meeting on 11 April.
KATSO: I'm happy to stick my neck out for this because this is a real opportunity for
Australia to get container-deposit legislation, which would just do huge things for our marine
environment and for our communities.
STR�M: A national cash-for-containers system would undermine the legal grounds on which
the Northern Territory's scheme was declared illegal. Thus, Coca-Cola, Schweppes, and Lion
would likely fight this possibility, instead pushing for their industry investment solution.
Conversely, community and environmental groups are determined fight what they see as corporate
profits being put before the interests of people and the planet.
I'm Tim Str�m, reporting for The Real News, Melbourne.