All Brands Container Recovery, Inc. v. Merrimack Valley Distributing Co.

The issue presented is whether the “bottle bill,” G. L. c. 94, §§ 321-327, provides a private right of action for a redemption center, an entity created by the statute for the purpose of collecting empty beverage containers from consumers. The statute’s enforcement provision states only that the “attorney general and the district attorneys shall enforce the provisions” of the statute. G. L. c. 94, § 327. The redemption center here brought an action for injunctive and monetary relief under the bottle bill against a distributor of containers who refused to pay the refund value and handling fee…