AG James sues Purchase-based PepsiCo

New York Attorney General Letitia James today filed a lawsuit in state court against Purchase-based PepsiCo Inc. alleging that the company has contributed significantly to high levels of plastic pollution along the Buffalo River in New York state. The lawsuit alleges that the pollution from single-use plastic packaging is contaminating drinking water and harming wildlife.

The lawsuit alleges that PepsiCo 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.

The lawsuit is seeking to make PepsiCo end practices that James’ action says threatens the environment and the public. The lawsuit is seeking penalties and restitution for the alleged damage and seeks to obtain disgorgement, civil penalties, and restitution for the alleged damage to New York’s communities and environment.

“In 2022 alone, PepsiCo produced approximately 2,600,000 metric tons (or roughly 5,732,000,000 pounds) of plastic packaging, equivalent to the weight of over seven Empire State Buildings,” the lawsuit alleges. “PepsiCo’s bottled beverages represented approximately 20% of the retail market for comparable beverages sold the United States, and PepsiCo is also the second largest food company in the world.”

James’ office said that in 2022 it surveyed more than 1,900 pieces of waste from the shores of the Buffalo River and found that PepsiCo’s packaging constituted approximately 17% of what was collected. Her office said that it was approximately three times the amount of the next nearest contributor.

“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,” James said in announcing the lawsuit. “No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife.”

The lawsuit alleges, “By its continued manufacturing, production, marketing, distribution, and sale of vast quantities of single-use plastic packaging, PepsiCo has significantly contributed to, and continues to contribute to, the existence of a public nuisance that injures the community living in the City of Buffalo and surrounding areas. PepsiCo’s plastic packaging also fails to warn the public or consumers of its potential to contribute to plastic pollution in waterways and fails to warn the public or consumers of the potential harms caused by its packaging.”

The lawsuit seeks to enjoin PepsiCo from committing what it describes as “further deceptive acts” and seeks damages for “the harm done to the Buffalo River and its shoreline, and the citizens and inhabitants of the City of Buffalo.” It wants PepsiCo to be required to put out warnings about plastic packing pollution to inform the public of the issue. It seeks a declaration that PepsiCo has violated state General Business Law § 349. It wants PepsiCo to have to give up “all revenues, profits, and gains wrongfully derived by PepsiCo on account of its repeated and persistent unlawful acts or practices in violation of Executive Law § 63(12) and General Business Law § 349(a).”