Judge dismisses NY AG Letitia James’ lawsuit against PepsiCo over plastics pollution

Last year, James sued PepsiCo and Frito-Lay in an attempt to hold them liable for pollution in Buffalo’s water supply due to the fact that 17 percent of plastic waste found in and around the Buffalo River was generated by the company. The allegations also included claims that the company had misled the public about its efforts to combat plastic pollution.

However, Justice Emilio Colaiacovo ruled on Thursday that the attorney general's office failed to prove that PepsiCo was directly responsible for the pollution caused by consumer waste. He stated that it would be “contrary to every norm of established jurisprudence” to hold the company liable for the actions of individuals who discarded plastic improperly.

The judge also argued that James had ignored a 2003 appellate court ruling that refused to hold a gun manufacturer responsible for crimes committed with its firearms, according to the New York Post.

“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.

“The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime,” he added.

In response to the dismissal, a spokeswoman for James said the attorney general's office was disappointed and is considering its options. PepsiCo, however, welcomed the decision and reaffirmed its commitment to sustainability.

“Our time, attention and resources — and those of other key stakeholders — are best directed toward collaborative solutions,” the company stated.