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 Pepsi Max brand owner had been "jeopardising the environment and public health” due to the high levels of single-use plastics it manufactures.
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 Mountain Dew maker 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 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”.
It 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."
As the New York lawsuit is dismissed, another case has been brought forward against PepsiCo by Los Angeles County.
The proceeding, which was also filed against The Coca-Cola Company and its bottling partner Reyes Coca-Cola Bottling, claims that both PepsiCo and Coca-Cola Co. have littered the county with plastic bottles.
The case also alleges that both businesses have "engaged in a disinformation campaign to make consumers falsely believe that purchasing their products in single-use plastic bottles is an environmentally responsible choice".
In a statement sent to Just Drinks, William Dermody, spokesperson for American Beverage Association said: "The allegation that our packaging is not and will not be recycled is simply not true.
"Driven by the California Redemption Value bottle return and investments by America’s beverage companies, California has one of the highest bottle recycling rates in the country - 71% in 2023. Our bottles are designed to be recycled and remade and can include up to 100% recycled plastic.
"America’s beverage companies are proud of our leadership in California, and across the country, and will continue our partnership with the Golden State to get every bottle back."
PepsiCo could not be reached for comment on the Los Angeles lawsuit at the time of writing. Coca-Cola Co. also declined to speak on the matter.
