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NY Files Unprecedented Lawsuit Against PepsiCo for Plastic Pollution

AG Letitia James’ lawsuit charges PepsiCo with harming the public and failing to warn consumers of environmental and health threats of its single-use plastic packaging.

Plastic waste collected in April 2022 from the Erie Basin Marina in the City of Buffalo.
Plastic waste collected in April 2022 from the Erie Basin Marina in the City of Buffalo.

New York Attorney General Letitia James filed a lawsuit against PepsiCo Inc. on Nov. 15 for harming the public and the environment with its single-use plastic packaging. According to a press release from the Office of the Attorney General (OAG), it found that “single-use plastic produced by PepsiCo contributes significantly to high levels of plastic pollution along the Buffalo River, pollution that is contaminating drinking water and harming wildlife.”

The lawsuit alleges that PepsiCo substantially causes public harm in Buffalo, has failed to warn consumers about the potential health and environmental risks of its single-use plastic packaging, and misleads consumers and the public about its efforts to combat plastic pollution. Through this lawsuit, AG James seeks to require PepsiCo to end practices that threaten the environment and the public and to obtain disgorgement, civil penalties, and restitution for the damage inflicted upon New York’s communities and environment.


   Read related column from Eric F. Greenberg, “Single-use Plastics are Public Enemy #1 in California (Canada, too)”


“No company is too big to ensure that their products do not damage our environment and public health. All New Yorkers have a basic right to clean water, yet PepsiCo’s irresponsible packaging and marketing endanger Buffalo’s water supply, environment, and public health,” said AG James. “No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife. I will never hesitate to take on major corporations that put the health and safety of everyday New Yorkers and our planet at risk.”

In response to the allegations, PepsiCo said in a statement, reported by Fortune, that it was serious about “plastic reduction and effective recycling.” However, noted the article, the company didn’t directly comment on the lawsuit’s claim that it was legally responsible for keeping garbage out of the Buffalo River.

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