PepsiCo is getting rid of plastic pollution charges in New York

A blow to New York State which saw its lawsuit against PepsiCo for plastic pollution rejected by the courts. The judge believes that the charges are too speculative without specific laws. PepsiCo says it is relieved but…

This is a legal hurdle for New York State. State Supreme Court Justice Emilio Colaiavoco on Thursday dismissed Attorney General Letitia James‘ lawsuit filed in late 2023 against PepsiCo. She accused the American soda giant of endangering the environment and public health through plastic pollution of a state river.

For the judge, who sits in Buffalo, the plaintiff’s allegations are “speculative” without a law or regulation imposing a theory of liability or limitations on the type and amount of plastic that can be used. He denies a lawsuit involving “political idealism”.

PepsiCo was relieved but says it is committed to recycling

Not surprisingly, PepsiCo, headquartered in New York State, said it was “delighted” with the decision. The group believes that the time and resources of various stakeholders are better spent “by directing them towards collaborative solutions”. He says he is “serious” about plastic reduction and effective recycling.

Although I cannot imagine that a reasonable person would not believe in the need to recycle and protect the environment, this does not open the door to imaginary declarations of duty that do nothing to solve the problem that it already exists.

Juge Emilio Colaiavoco

Unprecedented but poorly structured legal proceedings

The New York State prosecutor launched these charges, described as “historic and avant-garde,” based on garbage collections made in 2022 along the Buffalo River. She accused PepsiCo of harming the public, failing to warn about the dangers of single-use plastic and misleading the public about recycling and the fight against plastic pollution.

Letitia James requested, among other things, that PepsiCo stop these practices, that they clean up the polluted areas and that they pay various compensations and financial sanctions for the damage done. But for the judge, for the lack of a legal basis, “the legal system should not be full of predatory trials that aim to impose sanctions while looking for any violation” .

Snob for environmentalists

This rejection of the lawsuit brought by New York State is a blow to environmental activists who were hoping to set a precedent and legally force large companies to reduce their plastic footprint. Food and beverage giants like PepsiCo are among the biggest producers of plastic packaging and waste.

Despite several promises and commitments to reduce plastic in recent years, the progress of multinational companies is still very inadequate according to NGOs. Plastic pollution of oceans, rivers and land continues to increase with catastrophic consequences for ecosystems and health.

This judgment shows the limits of the current law to combat the plastic crisis effectively. It is urgent that states adopt binding laws to force companies to drastically reduce their use of plastic and invest heavily in sustainable and recyclable options.

Spokesperson for the NGO Oceana

Towards a global plastics treaty

Unable to take legal action against polluters on the basis of existing legislation, environmental defenders now have high hopes for continued negotiations on an international treaty which is legally binding on plastics.

Launched in 2022 under the auspices of the UN, this future global agreement aims to end plastic pollution by 2040 by working on the entire life cycle of plastic, from production to consumption. ‘ including waste management. Complex negotiations between States must be completed by the end of 2024. But there is still a long way to go before they get involved and possible sanctions for criminals.

While they await a stricter international framework, multinational companies are under increasing pressure to accelerate their transition to a model less dependent on disposable plastic. In addition to growing criticism from consumers and NGOs, some large investors are also beginning to question the long-term sustainability of companies that are highly exposed to regulatory and reputational risks associated with plastic pollution.

The lost case against PepsiCo is unlikely to prevent further litigation in the future. But it shows that, at the moment, without ad hoc laws, the legal route has little chance of success in fighting the plastic giants. The solution will involve strengthening legislation at national and international levels to ultimately make companies more accountable.