A New York attorney general lawsuit seeking to hold PepsiCo and subsidiaries accountable for plastic pollution along the Buffalo River has been dismissed.
PepsiCo filed a motion in February to throw out the November 2023 case. On Thursday, a state Supreme Court judge ruled that the complaint be dismissed.
“lmposing civil liability on a manufacturer for the acts of a third party seems contrary to every norm of established jurisprudence,” wrote Judge Emilio Colaiacovo, of the Supreme Court of Erie County. “lt is not difficult to imagine the lengths prosecuting agencies would take this theory, if adopted, to punish manufacturers for the acts of others who buy their products and then, throw them in a nearby body of water.”
PepsiCo said it was pleased with the court’s ruling. “We believe that our time, attention and resources — and those of other key stakeholders — are best directed toward collaborative solutions,” Andrea Foote, vice president of global corporate communications, said in an emailed statement on Friday.
“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,” Foote added.
A spokesperson for Attorney General Letitita James has said the office is “disappointed” in the decision and reviewing its options.
When the lawsuit was announced last November, Beyond Plastics and other environmental advocates encouraged other states to file similar actions.
“While this is a disappointing legal decision, it does nothing to solve the very real problem of plastic pollution in the Buffalo River watershed. These are early days on plastics litigation, and while we expect plastic polluters like Pepsi to work overtime to get cases dismissed, at some point, the facts of this case, and others like it, will be heard in a court of law,” said Judith Enck, president of Beyond Plastics and a former U.S. EPA regional administrator, in an emailed statement on Friday.
The city of Baltimore announced its own plastic pollution lawsuit in June, alleging that PepsiCo, Coca-Cola and certain other companies “created a public nuisance by creating products that they know will cause significant environmental harms.” In its announcement, the city referenced “a similar lawsuit filed by New
York State.”
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PepsiCo's involvement in lawsuits over plastic pollution exposes the company to a range of legal, financial, reputational, and operational risks.
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Dear Kevin Your climate warning has received over 50 agrees! We have reached out to Pepsi by email and requested a response. I will keep you updated on any progress! To reach more people and increase the chance of a response, click the Share button above to share the review on your social accounts. For every new member that joins We Don't Have Time from your network, we will plant a tree and attribute it to you! /Adam, We Don't Have Time
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Damn. PepsiCo's recent legal victory, while a setback for environmental advocates, highlights the need for stronger regulatory frameworks to address corporate accountability in plastic pollution. PepsiCo’s dismissal emphasizes legal challenges to holding manufacturers liable for third-party disposal but underlines an ongoing need for collaborative action and stricter policies to reduce plastic waste at the source.
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It's just a win for the company, what about the planet?
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@annett_michuki Exactly. While PepsiCo dodges legal accountability, the planet pays the price. This dismissal ignores the pressing issue of plastic pollution, allowing companies to sidestep responsibility while ecosystems continue to suffer.
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As the world grapples with the devastating impact of plastic waste, it's essential for the legal system to strengthen its stance on environmental protection, ensuring that corporations are held responsible for the long-term consequences of their actions.
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@frankoh_kihm_080 absolutely right, the legal system should look out for long-term consequences of withdrawing such cases
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@frankoh_kihm_080 Absolutely. If the legal system doesn’t adapt, corporations will keep sidestepping accountability, leaving communities and ecosystems to bear the burden of plastic waste. Stronger, enforceable regulations are essential for real environmental protection.
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With the planet suffocating under the weight of single-use plastics, we need courts and corporations to prioritize environmental health over profit.
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@princess_nel_268 Agreed. Until courts and corporations put environmental health above profit, single-use plastics will continue to harm ecosystems and communities. Real change demands accountability and a commitment to sustainable practices.
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@princess_nel_268 Courts have a vital role to play in enforcing laws that protect the environment.
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It's important for companies to take responsibility and address these issues to minimize their negative impact on the environment.
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@walter_lungayi When a company leads by example, it inspires others in its industry and beyond to follow suit.
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The dismissal of the lawsuit against PepsiCo raises concerns about accountability in addressing plastic pollution, undermining efforts to hold corporations responsible for environmental harm.⚠⚠
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@gorffly_mokua The dismissal may lead the public to feel that corporate interests are given priority over environmental protection.
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Some times the judiciary really fails to realize their responsibility towards citizens.