A lawsuit in New York seeks to hold PepsiCo legally responsible for its plastic waste. Justin Sullivan/Getty Images
By AFP - Agence France Presse
Judge tosses New York plastic pollution lawsuit against PepsiCo
A New York Supreme Court judge dismissed an environmental pollution lawsuit against PepsiCo, which was a blow to authorities in the US state who wanted the drinks giant to control its use of single-use plastics.
New York Attorney General Letitia James sued the company last year, seeking a finding that its products contributed to a “public nuisance” in the Buffalo River.
She also requested an order for the company to stop selling single-use plastic products that don't warn about their environmental damage.
Research by James' office found that PepsiCo's plastic packaging was by far the largest source of plastic pollution in the Buffalo River, three times more abundant than McDonald's, the second largest contributor.
But Judge Emilio Colaiavoco sided with Pepsi in dismissing the lawsuit on Thursday, saying the allegations were “speculative” and that it was individual consumers, not the company, who were responsible for littering and polluting the waterways.
“While I cannot think of any reasonable person who does not believe in the imperatives of recycling and being better stewards of our environment, that does not give rise to phantom claims of liability,” he wrote.
“In the absence of a law passed by the (state) legislature or an order issued by the executive branch establishing such a theory of liability or imposing restrictions on the type and amount of plastic that can be used, this lawsuit is simply political idealism.”
PepsiCo said in a statement that it was pleased with the decision and that it “continues to take plastic reduction and effective recycling seriously.”
The attorney general's office, for its part, said it would review its options, adding that it remains “committed to protecting communities from the dangers of plastic pollution.”
The lawsuit pointed out that plastics “cause widespread harm to the public and New York State,” highlighting the presence of microplastics in humans and fish.
Health-related problems “include early puberty in women, reduced sperm counts, altered reproductive organ function, obesity, altered sex-specific behaviors, and increased rates of some cancers,” the lawsuit said.
The lawsuit acknowledged the company's statements promising action to reduce plastic pollution but portrayed New York State-based PepsiCo as repeatedly falling short of its promises.
In addition, the lawsuit argues that PepsiCo has not produced alternatives to single-use plastics to a significant degree in the New York market.
In contrast, PepsiCo has announced reusable glass and plastic programs in international markets, including Mexico and Germany.
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