A New York plastic pollution lawsuit against PepsiCo has been dismissed by a judge

NEW YORK, United States (AFP) — A New York Supreme Court judge has thrown out a pollution lawsuit against PepsiCo, dealing a blow to US state authorities who wanted the beverage giant to curb its use of single-use plastics.

New York Attorney General Letitia James sued the company last year, seeking a finding that its products contributed to “public nuisance” in the Buffalo River.

She also demanded that the company stop selling single-use plastic on products that do not warn about environmental harm.

A survey conducted by James’ office found that PepsiCo’s plastic packaging is the biggest source of plastic pollution in the Buffalo River, three times more than the next competitor, McDonald’s.

But Judge Emilio Colaiavoco sided with Pepsi, dismissing the case on Thursday, saying the allegations were “speculative” and said individual consumers, not the company, were responsible for clogging and polluting waterways.

“While I can’t think of any reasonable person who doesn’t believe in the imperatives of recycling and better environmental stewardship, that doesn’t warrant phantom claims of responsibility,” he wrote.

“In the absence of a (state) legislature passing a law or an executive order issuing such a theory of liability or imposing limits on what type and amount of plastic can be used, this lawsuit is simply political idealism.”

PepsiCo said in a statement that it was pleased with the decision and that it “remains serious about plastic reduction and efficient recycling.”

The attorney general’s office, for its part, said it would review its options, adding that it remains “committed to protecting communities from the dangers of plastic pollution.”

The lawsuit stated that the plastic “causes widespread harm to the public and the state of New York,” highlighting the presence of microplastics in both humans and fish.

Health problems “include early puberty in women, reduced sperm count, altered reproductive function, obesity, changes in sex-related behavior, and increased rates of certain cancers,” the report said. lawsuits

The lawsuit acknowledges the company’s pledges to take steps to reduce environmental pollution with plastic, but points out that PepsiCo, headquartered in New York state, has repeatedly failed to fulfill its obligations.

In addition, the lawsuit alleged that PepsiCo did not produce alternatives to single-use plastic to any significant extent in the New York market.

In contrast, PepsiCo has announced glass and plastic reuse programs in international markets, including Mexico and Germany.