PepsiCo Prevails in NY Pollution Lawsuit

A lawsuit filed by New York Attorney General Letitia James against PepsiCo for polluting the environment has been dismissed by state Supreme Court Justice Emilio Colaiacovo. He likened the claim that the beverage and snack-food company should be held liable for endangering Buffalo’s water supply because it generated 17% of plastic waste found in and near the Buffalo River to “phantom assertions of liability that do nothing to solve the problem that exists,” reports Reuters. It was people, not the company, who ignored laws prohibiting littering, the judge noted.

James sued PepsiCo and its Frito-Lay brand a year ago, claiming that the company was polluting the environment with single-use plastic packaging and that it should have warned consumers of the resulting health and environmental risks. A similar lawsuit was filed last week in Los Angeles, where the county is accusing PepsiCo and Coca-Cola of misrepresenting the recyclability of their plastic bottles and failing to disclose the environmental and health hazards associated with plastic beverage containers.

In announcing his decision in New York, Judge Colaiacovo added that “the judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime.”

Reuters reported that a spokeswoman for James said the attorney general's office is disappointed with the decision and reviewing its options. Meanwhile, PepsiCo said it is pleased with the decision, and serious about plastics reduction and effective recycling.