« The plaintiff’s accusations are speculative »: in his decision rendered on Thursday, October 31, 2024, Emilio Colaiavoco, judge of the Supreme Court of the State of New York, dismissed Letitia James, the attorney general of this state, who had launched proceedings against PepsiCo at the end of 2023 for endangerment of the environment and public health due to the pollution of a river by plastic bottles. Lack of law or regulation imposing such a theory of liability or imposing restrictions on the type and quantity of plastic that can be used, this lawsuit is simply political idealism ».
« Ravi ”, but affirming “ take plastic reduction and effective recycling seriously “, PepsiCo commented on the decision in these terms: ” We believe that our time, attention and resources, as well as those of other important stakeholders, are best spent by being directed towards collaborative solutions. »
Health threats
Letitia James criticized the American giant of soft drinks without alcohol (BRSA), whose headquarters is in New York State, of “ harm the population and fail to warn consumers of the threats to health and the environment linked to single-use plastic packaging “. The complaint also alleged that the group had “ misleads the public about the effectiveness of their plastic recycling and their efforts to combat plastic pollution », affirming in particular that the use of non-recycled plastic by PepsiCo had progressed over the past four years while the group claimed the opposite. “ We are disappointed with this decision and are considering our options », Underlines the prosecutor’s office.
Imaginary assertions
« Although I cannot imagine that a reasonable person would not believe in the need to recycle and protect the environment, this does not open the door to imaginary assertions of responsibility which in no way solve the existing problem. », noted the judge. According to the magistrate, “ the justice system should not be clogged with predatory trials aimed at imposing sanctions while seeking any infraction ».
