PepsiCo wins ‘predatory’ lawsuit by NY AG Letitia James over plastic pollution

PepsiCo won a lawsuit brought by New York Attorney General Letitia James over suspected plastic pollution after a judge criticized the case as predatory and dismissed the lawsuit.

James failed to prove that beverage and snack company has created a public nuisance with its single-use plastic packaging, Judge Emilio Colaiacovo of the state Supreme Court in Buffalo said Thursday.

Colaiacovo, a Republican, ruled that punishing PepsiCo would be “contrary to all rules of established jurisprudence” because it was the people who ignored litter laws, not the company.

“While I cannot think of any reasonable person who does not believe in the need for recycling and better environmental management, this does not give rise to illusory claims of responsibility that do nothing to solve the problem at hand,” Colaiacovo wrote.

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“The judicial system should not be burdened with predatory lawsuits aimed at imposing punishment in search of a crime,” he added.

A spokeswoman for James said the Attorney General’s Office is disappointed by the decision and is reviewing its options, but is committed to protecting communities from plastic pollution, calling it “a serious threat to our planet and our public health.”

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James sued PepsiCo last November, claiming the company was jeopardizing Buffalo’s water supply with plastic waste and deceiving the public about its efforts to combat plastic pollution.

Ticker	Safety	Last	Change	Change %
PKP	PEPSICO INC.	165.59	-0.49	-0.30%

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Los Angeles County is also suing PepsiCo over the company’s alleged role in plastic pollution after filing a lawsuit Wednesday.

Reuters contributed to this report.