New York Judge Dismisses AG James’ “Predatory” Lawsuit Against PepsiCo Over Plastic Pollution
In a significant ruling, New York Supreme Court Justice Emitio Colaiacovo dismissed a lawsuit brought by Attorney General Letitia James against PepsiCo, which was filed in November 2023. The lawsuit accused PepsiCo of contributing to plastic pollution in the Buffalo River, with claims that over 17% of the river’s trash was linked to PepsiCo products.
Justice Colaiacovo deemed the lawsuit “predatory,” asserting that James failed to prove that PepsiCo had a duty to warn consumers about the risks of plastic pollution from its packaging. In his 19-page decision, he wrote, “There is no duty to warn of an obvious danger of which the product user is actually aware or should be aware as a result of ordinary observation or as a matter of common sense.”
The lawsuit by AG James alleged that PepsiCo not only failed to mitigate the environmental impact of its packaging but also deceived the public about its efforts towards sustainability. However, Colaiacovo argued that holding PepsiCo accountable for pollution caused by consumer littering would be contrary to established legal norms.
“Imagine the lengths prosecuting agencies would take if this theory were adopted,” Colaiacovo noted, highlighting the potential overreach into personal responsibility for product disposal post-purchase. He further criticized the case as an example of searching for a crime where none inherently existed, suggesting that environmental stewardship should be addressed through legislative or executive actions rather than through the courts.
Despite the dismissal, a spokesperson for James’ office expressed disappointment but remained committed to combating plastic pollution, hinting at possibly exploring further legal options. On the other hand, PepsiCo welcomed the ruling, reaffirming their commitment to reducing plastic use and enhancing recycling efforts through partnerships and policy advocacy.
This ruling comes on the heels of a similar lawsuit filed just a day later by Los Angeles County against both PepsiCo and Coca-Cola, accusing them of misleading consumers about the recyclability of their products. This sequence of events underscores the ongoing debate and legal battles surrounding corporate responsibility for environmental impact.
This is the complaint that was filed. letitia-james-buffalo-river-pepsico-lawsuit.pdf
