PepsiCo beats New York state's lawsuit over plastics pollution (updated)

Sturm, Ruger & Company

01/11/2024 16:19

(Adds statement from attorney general's office, paragraph 8)

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      PepsiCo was accused of polluting Buffalo's water supply
    

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      Judge criticizes Attorney General Letitia James for suing
    

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      James disappointed with decision, reviewing options
    

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      PepsiCo emphasizes commitment to plastics reduction
    

  
    By Jonathan Stempel
       NEW YORK, Nov 1 (Reuters) - PepsiCo  PEP.O  won the
dismissal of New York's lawsuit accusing the beverage and
snack-food company of polluting the environment with single-use
plastic packaging, as the judge criticized the state's attorney
general, Letitia James, for bringing the case.
Justice Emilio Colaiacovo of the state Supreme Court in Buffalo
said on Thursday that James failed to show PepsiCo created a
public nuisance and should have warned consumers about the
health and environmental risks of plastics in more than 100 of
its brands.
James sued PepsiCo and its Frito-Lay unit last November, seeking
to hold them liable for endangering Buffalo's water supply by
generating 17% of the plastic waste found in and near the
Buffalo River. She also said the defendants deceived the public
about their efforts to fight plastics pollution.
    But the judge ruled it would run "contrary to every norm of
established jurisprudence" to punish PepsiCo, because it was
people, not the company, who ignored laws prohibiting littering.
He also said James, a Democrat, ignored a 2003 appeals court's
refusal to hold Sturm Ruger  RGR.N  liable when criminals use
its handguns and risk opening the floodgates to public nuisance
lawsuits. James' predecessor, Eliot Spitzer, brought that case.
    "While I can think of no reasonable person who does not
believe in the imperatives of recycling and being better
stewards of our environment, this does not give rise to phantom
assertions of liability that do nothing to solve the problem
that exists," wrote Colaiacovo, a Republican.
    "The judicial system should not be burdened with predatory
lawsuits that seek to impose punishment while searching for a
crime," he added.
    A spokeswoman for James said the attorney general's office
is disappointed with the decision and reviewing its options, but
was committed to protecting communities from plastic pollution,
calling it "a major threat to our planet and our public health."
    PepsiCo, based in Purchase, New York, said it is pleased
with the decision, and "serious" about plastics reduction and
effective recycling.
    "Our time, attention and resources -- and those of other key
stakeholders -- are best directed toward collaborative
solutions," it added.
    James' lawsuit is one of many by state and local governments
and environmental groups against companies that use plastics.
Colaiacovo ruled one day after Los Angeles County filed a
similar lawsuit against PepsiCo and Coca-Cola  KO.N  over their
single-use plastic packaging.
    PepsiCo's brands include Cheetos, Cracker Jack, Doritos,
Fritos, Gatorade, Lay's, Lipton, Mountain Dew, Ocean Spray,
Pepsi, Quaker, Ruffles and Tostitos.
    The case is New York v. PepsiCo Inc et al, New York State
Supreme Court, Erie County, No. 814682/2023.

(Reporting by Jonathan Stempel in New York; Additional reporting
by Nate Raymond in Boston; Editing by Franklin Paul and Matthew
Lewis)
((mailto:jon.stempel@thomsonreuters.com; +1 646 223 6317;
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