A New York Supreme Court judge has dismissed an environmental lawsuit filed by the state against PepsiCo, dealing a setback to efforts aimed at curbing the beverage giant’s use of single-use plastics. The state argued that PepsiCo’s plastic packaging posed a “public nuisance” by polluting the Buffalo River, and sought to require the company to reduce its reliance on single-use plastics or include warnings on products about environmental impacts.
The lawsuit, led by New York Attorney General Letitia James, claimed that PepsiCo’s packaging contributed significantly to pollution in the Buffalo River—estimated to be three times more than the next major contributor, McDonald’s, according to a survey conducted by the attorney general’s office.
However, Justice Emilio Colaiavoco ruled in favor of PepsiCo, describing the allegations as “speculative” and attributing responsibility for littering to individual consumers rather than the corporation. In his decision, he noted that broader legislative or executive action would be required to establish liability for companies over plastic pollution.
“While I can think of no reasonable person who does not believe in the imperatives of recycling and being better stewards of our environment, this does not give rise to phantom assertions of liability,” Justice Colaiavoco wrote, highlighting the need for regulatory action to address single-use plastic issues.
PepsiCo responded positively to the ruling, emphasizing its commitment to reducing plastic waste and promoting effective recycling. Meanwhile, the attorney general’s office expressed disappointment and indicated it would review its options, reiterating its commitment to combating plastic pollution’s impact on communities and public health.
The lawsuit highlighted the detrimental effects of microplastics, citing research linking plastic exposure to a range of health concerns, including reproductive issues and certain cancers. It also pointed out that PepsiCo’s environmental pledges have not led to meaningful reductions in single-use plastic alternatives within New York, despite similar initiatives launched by the company in international markets such as Mexico and Germany.
Key Points:
- Case Dismissal: A New York Supreme Court judge dismissed an environmental pollution lawsuit against PepsiCo, marking a setback for state authorities seeking to limit the company’s use of single-use plastics.
- State’s Claims: The lawsuit, led by Attorney General Letitia James, accused PepsiCo of contributing to a “public nuisance” by polluting the Buffalo River and sought orders to reduce its plastic use or include environmental warnings on packaging.
- Judge’s Ruling: Justice Emilio Colaiavoco ruled that the responsibility for littering lies with individual consumers, stating that without legislative or executive action, such liability could not be imposed on PepsiCo.
- PepsiCo’s Response: PepsiCo welcomed the decision and affirmed its commitment to plastic reduction and recycling efforts.
- Attorney General’s Position: The attorney general’s office expressed disappointment, noting it remains committed to addressing plastic pollution and will review further legal options.
- Health and Environmental Concerns: The lawsuit cited research on the health risks of microplastics, including reproductive health issues and increased cancer rates, and argued that PepsiCo had not implemented meaningful plastic alternatives in New York, though it has introduced initiatives abroad.
