PepsiCo won the dismissal of New York’s lawsuit accusing it of polluting the environment with single-use plastic packaging.
The judge subsequently criticised the state’s attorney general, Letitia James, for bringing the case against the beverage and snack-food company.
Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said on Thursday that James failed to show PepsiCo created a public nuisance and should have warned consumers about the health and environmental risks of plastics in more than 100 of its brands.
James sued PepsiCo and its Frito-Lays unit last November, seeking to hold them liable for endangering Buffalo’s water supply by generating 17% of the plastic waste found in and near the Buffalo River.
She also said the defendants deceived the public about their efforts to fight plastic pollution.
However, the judge ruled it would run “contrary to every norm of established jurisprudence” to punish PepsiCo because it was people rather than the company ignoring anti-littering laws.
Colaiacovo said, “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 that do nothing to solve the problem that exists.
“The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime.”
Dissapointed
A spokeswoman for James said the attorney general’s office is disappointed with the decision and reviewing its options, but was committed to protecting communities from plastic pollution, calling it “a major threat to our planet and our public health.”
PepsiCo – based in Purchase, New York – said it is pleased with the decision, and is “serious” about plastics reduction and effective recycling.
The company added, “Our time, attention and resources – and those of other key stakeholders – are best directed towards collaborative solutions.”
James’s lawsuit is one of many by state and local governments, as well as environmental groups, against companies that use plastics.
Colaiacovo made the ruling one day after Los Angeles County filed a similar lawsuit against PepsiCo and Coca-Cola over their single-use plastic packaging.
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