The lawsuit was first submitted by Attorney General of New York Letitia James in November 2023, and argued that PepsiCo had broken state laws by not warning consumers about the potential risks of plastic pollution and misleading them about the actions it took to reduce environmental harm.
This came after “single-use plastic beverage bottles, bottle caps, and snack food wrappers” manufactured and sold by PepsiCo were collected along the shores of the Buffalo River, which runs through New York State.
However, the case was “dismissed in its entirety” on 31 October 2024 by Justice Emilio Colaiacovo.
“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,” Colaiacovo explained.
He added that the issue at hand should be tackled via the “legislative or executive function” and that the “judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime”.
PepsiCo ‘pleased with decision’
In response to the decision, a spokesperson for PepsiCo said that the firm was pleased with the outcome.
“We believe that our time, attention and resources – and those of other key stakeholders – are best directed toward collaborative solutions,” the spokesperson continued.
“For our part, PepsiCo remains serious about plastic reduction and effective recycling. We will continue to collaborate with key partners to advance smart material collection policies, improve recycling infrastructure, boost consumer awareness about the importance of recycling and establish partnerships focused on reducing waste and exploring innovative solutions to plastic pollution.”
Food Manufacture has reached out to the office of the Attorney General for comment.
In other news, a man has been arrested in connection with the theft of 22 tonnes of cheese from Neal’s Yard Dairy.