PepsiCo successfully secured the dismissal of a lawsuit filed by New York State, which accused the company of environmental pollution through its use of single-use plastic packaging.
Justice Emilio Colaiacovo of the New York State Supreme Court in Buffalo criticized Attorney General Letitia James on Thursday for her handling of the case.
Justice Colaiacovo stated that James did not prove that PepsiCo created a public nuisance or failed to inform consumers about the health and environmental hazards of plastics in its over 100 brands.
Last November, James sued PepsiCo and its Frito-Lay unit, alleging they contributed to polluting Buffalo’s water supply by producing 17% of the plastic waste in and around the Buffalo River. She accused the defendants of misleading the public about their plastic reduction efforts.
However, the judge declared that holding PepsiCo accountable would be “contrary to every norm of established jurisprudence,” emphasizing that individuals, not corporations, violated anti-littering laws.
He also referenced a 2003 case where an appeals court declined to hold gun manufacturer Sturm Ruger accountable for crimes committed with its firearms, warning that siding with James could lead to an overwhelming number of public nuisance lawsuits.
Colaiacovo, a Republican, acknowledged the widespread recognition of recycling and environmental stewardship but argued that it does not warrant baseless liability claims that do not resolve the underlying issue. He criticized such legal actions, describing them as “predatory lawsuits that seek to punish while searching for a crime.”
The Attorney General’s office had not commented on the ruling as of Friday.
PepsiCo, headquartered in Purchase, New York, expressed satisfaction with the court’s decision and reiterated its commitment to reducing plastic use and enhancing recycling practices.
The company stressed the importance of collaboration in addressing environmental concerns, noting, “Our time, attention, and resources—and those of other key stakeholders—are best directed toward collaborative solutions.”
State and local governments and environmental groups initiated the lawsuit against companies that use plastics. The court dismissed this case just one day after Los Angeles County launched a lawsuit against PepsiCo and Coca-Cola over their use of single-use plastic packaging.
