*NEWS*COURT UPHOLDS LEXMARK CTG PROGRAM

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*NEWS*COURT UPHOLDS LEXMARK CTG PROGRAM

 user 2005-09-06 at 11:48:00 am Views: 43
  • #12380

    Ninth Circuit Upholds Lexmark Cartridge Return Program

    Lexington, KY: SEP., 2005
    –The Ninth Circuit Court of Appeals has upheld a program under which
    Lexmark International, Inc. offers customers discounted laser printer
    cartridges in exchange for agreeing to return the used cartridges only
    to Lexmark for remanufacturing or recycling.The case was before the court as a result of an appeal by the Arizona
    Cartridge Remanufacturers Association Inc. (ACRA), challenging Lexmarks
    Cartridge Return Program. Joining every other court that has ruled upon
    challenges to the Lexmark cartridge Return Program (formerly known as
    Prebate), the Ninth Circuit reaffirmed the legality of this highly
    successful and environmentally friendly program.
    Lexmark offers customers discounts on new cartridges in return for
    their agreement to return the used cartridges only to Lexmark for
    remanufacturing or recycling. Lexmark uses the cartridges in its
    remanufacturing business. In order to facilitate competition and
    customer choice, Lexmark has always offered cartridges without a
    discount that may be remanufactured by anyone for those customers who
    desire it.
    “The court has ruled in support of customer choice. This is a victory
    for customers and their right to choose to receive a discount in
    exchange for a simple agreement to return the empty cartridge to
    Lexmark for remanufacturing or recycling. Lexmark�s program is good for
    customers, good for the environment, and fair to the competition,” said
    Vincent J. Cole, Lexmark vice president and general counsel.
    Lexmark International, Inc. helps businesses and consumers move
    information between the digital and paper worlds. Since its inception
    in 1991, Lexmark has become a leading developer, manufacturer and
    supplier of printing and imaging solutions for customers in more than
    150 countries. Lexmark reported $5.3 billion in revenue in 2004.