PepsiCo beats NY AG Letitia James’ ‘predatory’ lawsuit over plastics pollution

PepsiCo beat a lawsuit brought by New York Attorney General Letitia James over the company’s alleged plastics pollution after a judge criticized the case as predatory and dismissed the lawsuit.

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

Colaiacovo, a Republican, ruled that it would run "contrary to every norm of established jurisprudence" to punish PepsiCo because people ignored littering laws, not the company.

"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.

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"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."

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James sued PepsiCo last November, arguing the company endangered Buffalo’s water supply with plastic waste, and deceived the public about their efforts to combat plastics pollution.

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

Reuters contributed to this report.