New York State’s lawsuit accusing beverage and snack industry giant PepsiCo of polluting the environment with disposable plastic packaging was rejected by a judge in the state on October 31. The judge ruled that New York State failed to prove that PepsiCo’s Coca-Cola manufacturing constitutes public nuisance.
According to Reuters, the lawsuit was filed last November by State Attorney General Letitia James in the Erie County State Supreme Court located in Buffalo. James accused PepsiCo and its subsidiary Frito-Lay of using disposable plastic packaging, generating plastic waste that accounts for 17% of pollutants in the Buffalo River and surrounding environment, posing a severe threat to Buffalo’s water supply.
Judge Emilio Colaiacovo of the State Supreme Court ruled on October 31 that New York State did not demonstrate that the plastic packaging of over 100 PepsiCo branded products caused public nuisance or harmed health and the environment. Colaiacovo wrote that littering is the responsibility of consumers, not businesses, and punishing PepsiCo would violate established precedents. He cited a 2003 ruling by New York State’s highest court – the Appellate Division, stating that gun manufacturers cannot be held responsible for crimes committed by those who use firearms.
PepsiCo, headquartered in Purchase, New York, expressed satisfaction with the ruling and pledged to continue promoting plastic reduction and recycling efforts. A spokesperson for Letitia James expressed disappointment with the decision, stating that plastic poses a significant threat to the planet and public health and will consider whether to appeal.
To combat plastic pollution, Letitia James joined forces with 10 State Attorneys General across the United States on November 1 to send a joint letter to the U.S. State Department, urging the American delegation at the United Nations’ 5th negotiation meeting for the Global Plastic Treaty (INC 5) to work towards a comprehensive and legally binding international agreement to mitigate global plastic pollution.