New York Sue Giant Food Company After Its Single-Use Plastic Found In A River

(Photo : Getty Images/Tim Boyle)

The state of New York filed a lawsuit against a giant food company, accusing them of polluting the environment and harming public health by utilizing single-use plastic bottles, caps, and wrappers.

The case, filed in state court in upstate Erie County against PepsiCo, is one of the first by a state in the United States to target a large plastics manufacturer.

Lawsuit Against PepsiCo

State Attorney General Letitia James accused the beverage and snack food giant of contributing to a public nuisance by generating a major amount of plastic debris found in and near the upstate Buffalo River, including more than 17% of trash that could be easily traced to certain brands.

The Buffalo River, which drains into Lake Erie, was long considered one of the most polluted rivers in the United States, but restoration work began in 1989, and its environment has been restored.

She also claimed that the company failed to notify consumers about the potential health and environmental consequences of the plastics used in its more than 100 brands and that it misled the public about its efforts to combat plastic pollution.

According to James, such pollutants might enter drinking water after breaking down, resulting in health issues.

Health issues can include early puberty in females, lower sperm counts, altered reproductive organ functions, obesity, altered sex-specific behaviors, and increased incidences of certain cancers. The impacts of plastic additives have been shown in mammals, and researchers anticipate that the same effects will be observed in people.

"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, PepsiCo stated that it was committed to "plastic reduction and effective recycling," but did not directly address the lawsuit's assertion that it was legally responsible for keeping rubbish out of the Buffalo River.

They added that PepsiCo has collaborated with partners across the country to develop recycling infrastructure and raise consumer awareness about the importance of recycling.

PepsiCo, headquartered in New York, manufactures and packages at least 85 different beverage brands, including Gatorade and Pepsi products, as well as at least 25 snack food brands, the majority of which come in plastic containers that are discarded or recycled once empty.

In previous years, the corporation has consistently stated that it would make significant efforts to limit its usage of plastics.

Important Step In Combating Plastic Pollution

Environmentalists hailed New York's lawsuit as an important step forward in the fight against plastic pollution in the United States, saying it might serve as a model for other states, cities, or counties considering similar legal action.

"Not only should other companies be watching this carefully, they should proactively reduce their plastic pollution so they are not subject to similar lawsuits," said Judith Enck, the president of the advocacy group Beyond Plastics and an Environmental Protection Agency regional administrator during the Obama administration.

Connecticut and Minnesota have previously filed plastics-related lawsuits, arguing that firms promoted bags as recyclable when they could not be recycled in state facilities.

California said in 2022 that it will investigate the involvement of the fossil fuel and petrochemical industries in plastic pollution.