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New York


NEW YORK ATTORNEY GENERAL SUES PEPSI IN NEW PLASTIC POLLUTION FIGHT

This is a first-of-its-kind lawsuit as states across the country struggle with
how to tackle the growing amount of plastic packaging ending up in landfills.



Attorney General Tish James speaks along the Buffalo River on Wednesday, Nov.
15, 2023, to announce a lawsuit against PepsiCo for alleged pollution of the
river. | Bill Mahoney/POLITICO

By Marie J. French

11/15/2023 12:01 PM EST

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ALBANY, N.Y. — New York Attorney General Tish James is testing a new legal
strategy to fight plastic pollution in what could be a model to force companies
to reduce single-use packaging.

James announced a lawsuit against PepsiCo, the largest food and beverage company
in North America, on Wednesday in Buffalo. The company is responsible for much
of the plastic trash picked up by volunteers along waterways in Buffalo and has
misleadingly told investors and consumers that it is working to reduce new
plastic use, James said.



“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 a statement.



This is a first-of-its-kind lawsuit as states across the country struggle with
how to tackle the growing amount of plastic packaging ending up in landfills. It
could provide a pathway to force companies to take on more responsibility for
the waste they generate and the impact that plastics have on the environment.



California’s attorney general last year announced an investigation of oil
companies over their role in plastic pollution, but hasn’t filed any lawsuits
from that. A nonprofit has sued CocaCola for allegedly deceptive marketing on
sustainability while being the largest plastic polluter in the world.

“This is steps ahead,” said Judith Enck, a former EPA Region 2 administrator and
founder of Beyond Plastics, about James’ lawsuit. “Having the gravitas of a
state government behind this is important.”

The lawsuit filed in Erie County Supreme Court contends that PepsiCo, which is
headquartered in Westchester County, causes public harm from plastic pollution
along the Buffalo River and failed to warn customers about the health and
environmental risks of its packaging.

PepsiCo spokesperson Andrea Foote said the company is serious about plastic
reduction and recycling efforts and has been “transparent” about its “journey.”
She said the issue requires involvement from municipalities, community leaders
and consumers, among others.

“Success in this effort requires collaboration. PepsiCo has been working in New
York to address the needs of communities, including advocating for New York
bottle bill improvements and extended producer responsibility bills,” Foote said
in a statement.

James wants to force the company to clean up contamination caused by the
plastics and take steps to reduce its plastic entering the Buffalo River. James
also wants Pepsi to stop selling products in plastic packaging in the Buffalo
area unless they have a warning label.

“This is classic polluter pays,” Enck said. “When you spill toxic waste on land
or in the water, we have laws to require that the polluter pay for the cleanup.
This is no different.”




The attorney general is also pushing for PepsiCo to give up profits from its
actions and seeking civil penalties and restitution.

The lawsuit is partly rooted in New York’s law entitling consumers to
compensation for deceptive business practices. It’s also based on a 1956 law
allowing the attorney general to sue companies that engage in fraud — the same
principle James’ office sued former President Donald Trump under for allegedly
inflating the value of his real estate holdings that is being heard in a
Manhattan court.

The attorney general’s office tallied plastic waste at 13 sites along the
Buffalo River and its tributaries in 2022. Over 17 percent of the items with an
identifiable brand were PepsiCo products, and there was three times as much as
the next largest contributor, the lawsuit claims.

Previous plastic counts by Buffalo Niagara Waterkeeper also found PepsiCo
products to be a significant source of pollution in the region.

The lawsuit links the plastic waste to the prevalence of microplastics in the
Buffalo River, with an analysis finding fragments using the same polymers as
PepsiCo snack food wrappers and beverage bottles.

James is taking on the health risks of microplastics, which have raised growing
public concern as they’ve been found in the environment, food, water, people’s
lungs, blood and bodies. Plastic in the environment sheds the tiny particles
that persist in the environment.

Microplastics, for example, have been found in Lake Erie, where Buffalo gets its
drinking water.

Exposure to microplastics and associated chemicals can cause adverse health
effects including reproductive issues, intestine inflammation and neurotoxic
effects, according to research.

The lawsuit also targets PepsiCo for public claims that it is working to reduce
plastic pollution. James’ office argues the company gave the impression it is
making progress in reducing non-recycled plastic use when the amount used has
increased over the last four years.

PepsiCo also failed to warn customers about the risks to humans and the
environment from its packaging, the lawsuit argues.


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 5. NEW HAMPSHIRE SETS JAN. 23 PRIMARY, PUTTING DEMS OUT OF COMPLIANCE

 * Filed under:
 * New York,
 * Pollution,
 * Tish James


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