NY AG appeals dismissal of plastic pollution lawsuit

Update:

• New York Attorney General Letitia James appealed the dismissal of a case she filed against PepsiCo and its subsidiary Frito-Lay alleging the single-use plastic products they produce contaminate the shores of the Buffalo River.
• In November, New York Supreme Court Judge Emilio Colaiacovo dismissed the case, saying it aimed to impose regulatory burdens that don’t exist through a “predatory” lawsuit that singles out one company.
• However, in a notice of appeal filed Dec. 9, James says the judge “erroneously applied the law and facts.” 
• James claims single-use plastic beverage bottles, bottle caps and snack food wrappers made by Pepsi are “the single largest identifiable contributor” to plastic waste found along the Buffalo River. 

Pepsi single-use plastic lawsuit overview: 

• Who: New York Attorney General Letitia James filed a lawsuit against PepsiCo Inc., Frito-Lay Inc. and Frito-Lay North America. 
• Why: James argues Pepsi and its subsidiary Frito-Lay are largely responsible for the amount of plastic pollution along the shores of the Buffalo River. 
• Where: The lawsuit was filed in the Supreme Court of the State of New York. 

(Nov. 20, 2023)

New York Attorney General Letitia James has filed a complaint against PepsiCo and its subsidiary Frito-Lay over claims single-use plastic products they produce are contaminating the shores of the Buffalo River.

James claims single-use plastic beverage bottles, bottle caps, and snack food wrappers made by Pepsi are “the single largest identifiable contributor” to plastic waste found along the Buffalo River. 

“PepsiCo’s plastic packaging contaminates the river and public drinking water supplies, threatening public health, harming freshwater species, and endangering the ecosystem,” the Pepsi lawsuit states. 

Plastic pollution in the Buffalo River stemming from Pepsi products was found in a survey by the Office of the Attorney General in 2022 to exceed any other source of identifiable plastic waste, the Pepsi lawsuit alleges. 

“PepsiCo’s plastic packaging far exceeded any other source of identifiable plastic waste, and it was three times more abundant than the next contributor (McDonald’s),” the Pepsi lawsuit states. 

Pepsi responsible for producing 2.6 million metric tons of plastic packaging in 2022, says New York AG

James argues that in 2022 alone Pepsi was responsible for producing approximately 2.6 million metric tons of plastic packaging, which would be “equivalent to the weight of over seven Empire State Buildings.” 

Pepsi, meanwhile, has “long known” of problems associated with single-use plastic packaging, having acknowledged on its website that there is a “plastic pollution crisis” and that its products have “potential environmental impacts,” the Pepsi lawsuit alleges. 

Despite this, James claims Pepsi has “failed to abate the harm or warn the public” about its plastic packaging being a potential source of pollution and, instead, has allegedly “misled the public about its efforts to combat plastic pollution.” 

“Year after year, PepsiCo touts ineffective solutions and lofty goals that have repeatedly failed to materialize,” the Pepsi lawsuit states. 

James claims Pepsi is guilty of public nuisance and failure to warn and in violation of New York General Business Law and New York Executive Law. 

The AG is demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory damages for the alleged harm done to the Buffalo River and its shoreline. 

A class action lawsuit was filed against Pepsi in July by a former employee claiming it violated Illinois’ biometric privacy law by allegedly collecting employees’ voiceprints without consent. 

Are you concerned about plastic pollution in the Buffalo River? Let us know in the comments! 

The Pepsi single-use plastic lawsuit is People of the State of New York v. PepsiCo Inc., et al., in the Supreme Court of the State of New York. 

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