PepsiCo has obtained the dismissal of the lawsuit brought by the State of New York, which accused it of polluting the environment with single-use plastic packaging. The judge criticized state Attorney General Letitia James for taking the case to court.
Judge Emilio Colaiacovo of State Supreme Court in Buffalo said Thursday that Ms. James failed to show that PepsiCo created a public nuisance and should have warned consumers of the health and environmental risks of plastics present in more than 100 of its brands.
Last November, Ms. James filed a lawsuit against PepsiCo and its subsidiary Frito-Lay, accusing them of endangering Buffalo's water supply by producing 17% of the plastic waste found in the Buffalo River and at proximity. She also said the defendants misled the public about their efforts to combat plastic pollution.
But the judge said it would be “contrary to every standard of established jurisprudence” to punish PepsiCo because it was the people, not the company, who ignored laws banning litter.
He also said Mr. James, a Democrat, had ignored a 2003 appeals court's refusal to hold Sturm Ruger accountable when criminals use its handguns, risking opening the door to lawsuits for public nuisance. Mr. James' predecessor, Eliot Spitzer, brought the matter to court.
“While I cannot think of any reasonable person who does not believe in the imperatives of recycling and better management of our environment, this does not give rise to phantom assertions of responsibility that do nothing to solve the existing problem,” wrote Mr. Colaiacovo, a Republican.
“The justice system should not be burdened by predatory prosecutions that seek to impose punishment while seeking a crime,” he added.
Mr. James' office did not immediately respond to requests for comment Friday.
PepsiCo, headquartered in Purchase, New York, said it was pleased with the decision and said it takes plastics reduction and recycling efficiency seriously.
“Our time, attention and resources – as well as those of other key stakeholders – are better directed towards collaborative solutions,” the company added.
Mr. James' lawsuit is one of several filed by states, local governments and environmental groups against companies that use plastics.
Mr. Colaiacovo issued his ruling a day after Los Angeles County filed a similar suit against PepsiCo and Coca-Cola over their single-use plastic packaging.
Les brands de PepsiCo comprise Cheetos, Cracker Jack, Doritos, Fritos, Gatorade, Lay's, Lipton, Mountain Dew, Ocean Spray, Pepsi, Quaker, Ruffles and Tostitos.
The case is as follows: New York v. PepsiCo Inc et al, New York State Supreme Court, Erie County, No. 814682/2023.
