BUFFALO, N.Y. — One of largest and most successful companies based in New York State is now in the crosshairs of its Attorney General, Letitia James.
James was in Buffalo Wednesday to announce the state has filed a lawsuit against PepsiCo Inc., which she claims is an effort to protect the environment and public health.
The Attorney General's lawsuit claims that single-use plastics used as packaging by PepsiCo, one of the largest and most successful companies headquartered in New York State, have allegedly contributed to high levels of plastic pollution along the Buffalo River, which they say contaminates drinking water and harms wildlife.
The language of the complaint largely mirrors the language used by environmental groups in California, which filed a similar suit against PepsiCo and several other companies on the same grounds over a year ago.
The investigation
Last fall investigators from the State Attorney General's office went fishing on the Buffalo River for trash.
They claim to have picked up nearly 2,000 pieces of plastic waste, and that 17 percent of that which could be identified came from products made by PepsiCo, which, through its variety of brands, is the second-largest producer of snacks, food, and beverages in the world.
James says because PepsiCo sold the products, in packaging that ended up as litter, they should be held accountable, even if there's no allegation PepsiCo placed it there.
When asked if PepsiCo could be blamed, however, for the choice of people to litter, James replied, "I don't think it's misguided. We all have a responsibility to our environment, each and every one of us, but lets not concentrate so much on individuals. ... Let's to go to the source."
When asked further, why she is then not suing the makers of the plastic used in packaging, James replied, "Today we are focused on PepsiCo, and our investigation continues."
The lawsuit states PepsiCo has allegedly failed to warn people about the potential health and environmental risks of its single-use plastic materials and mislead the public about its efforts to combat plastic pollution.
Seeking damages
Among other thing, the suit seeks for PepsiCo to be ordered to place warning labels on packages, advising consumers that littering can harm the environment.
Environmentalists say the harm is especially great when it comes to plastics.
The suit also seeks monetary damages to be determined by a court, which could potentially total millions of dollars, which James pledged would be spent on environmental causes.
"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,” Attorney General James said.
“No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife. I will never hesitate to take on major corporations that put the health and safety of everyday New Yorkers and our planet at risk.”
A PepsiCo spokesperson issued this statement in response to the lawsuit:
PepsiCo is serious about plastic reduction and effective recycling, and has been transparent in our journey to reduce use of plastic and accelerate new packaging innovation.
This is a complex issue and requires involvement from a variety of stakeholders, including businesses, municipalities, waste-reduction providers, community leaders and consumers. PepsiCo has partnered with these groups, improving recycling infrastructure across the country, boosting consumer awareness about the importance of recycling and establishing partnerships with organizations like Closed Loop Partners and The Recycling Partnership.
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. We have worked effectively with a variety of communities across the country and remain committed to doing so.
