A lawsuit which accused drinks and snacks major PepsiCo of plastic pollution has been dropped by the New York Supreme Court.
New York State Attorney General Letitia James filed the claim last November, alleging that the Frito-Lay crisps producer had been “jeopardising the environment and public health” due to the high levels of single-use plastics it manufactures.
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The lawsuit said the company was polluting New York’s Buffalo River and contaminating the drinking water.
In the latest ruling, Emilio Colaiacovo, Justice of the Supreme Court of New York State said the Cheetos brand owner could not be held responsible for polluting the river, as it was consumers who ultimately littered the space.
The judge explained: “It is important to note that regardless of [the] defendant’s aspirational goals, Pepsi/Frito Lay did not pollute the Buffalo River or any other local waterways – other people did.”
James’s lawsuit sought to “obtain disgorgement, civil penalties, and restitution for the damage inflicted upon New York’s communities and environment”.
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By GlobalDataIt also looked to prevent PepsiCo from selling or distributing goods in the Buffalo region that contain single-use plastic packaging without an “adequate” warning that tells consumers that “the packaging is a potential source of plastic pollution and presents a risk of harm to human health and the environment”.
In his decision, Justice Colaiacovo said: “Further, even if plaintiff’s suggestion that had defendants’ products contained different warnings was true or if Pepsi/Frito Lay used a reduced amount of plastic, there is no way of knowing that these items would not have been similarly discarded in the water.
“The Attorney General’s allegations are speculative. Absent the legislature passing a law or the executive branch issuing an order establishing such a theory of liability or imposing restrictions on what type and amount of plastic can be used, this lawsuit is simply policy idealism.”
