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FLAIR BEVERAGE CORP. v. C&C COLA, INC.

248 A.D.2d 285 (1998)

670 N.Y.S.2d 462

Flair Beverage Corp., Appellant, v. C&C Cola, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 24, 1998

We agree with the trial court that, while the use of reverse vending machines is widely accepted by beverage dealers and distributors, the Returnable Container Act (ECL 27-1001 et seq. [the Act]) is not violated by a distributor's rejection of returned containers dismembered in reverse vending machines whose brand and refund value cannot as a consequence be verified by a visual inspection (6 NYCRR 367.5 [b]; 367.7 [a]). The refusal of a distributor such as defendant...

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