Plastic waste, collected in April 2022
from the Erie Basin Marina in the City
of Buffalo, included PepsiCo-produced Gatorade bottles
and Lay’s potato chip packaging. New York filed a lawsuit Wednesday against PepsiCo for polluting the environment. Photo courtesy of Office of the New York State Attorney General
Nov. 15 (UPI) -- New York is suing the maker of Pepsi for polluting the environment with its plastic bottles. The lawsuit filed Wednesday is a first-of-its-kind fight that could force other companies to cut down on single-use packaging.
New York Attorney General Letitia James detailed the claims against PepsiCo Inc., which include creating high levels of plastic pollution along the Buffalo River that contaminate drinking water and harm wildlife.
"No company is too big to ensure that their products do not damage our environment and public health," said James, who is also prosecuting New York's civil fraud trial against former President Donald Trump.
"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," James said in a statement Wednesday.
PepsiCo is based in New York and manufactures more than 85 different beverage brands including Gatorade, and 25 snack foods including Lays potato chips. All of the company's drinks and snacks come in single-use plastic containers.
According to a 2022 survey by the Office of the Attorney General, among the waste collected at 13 sites along the Buffalo River, PepsiCo's single-use plastic packaging accounted for 17% out of the 1,916 pieces of plastic trash collected.
According to a national study, conducted by Break Free From Plastic between 2018 and 2022, PepsiCo landed one of the top two spots each year for producing the most plastic trash out of the 2,125,415 pieces collected from 2,373 locations across the United States.
Food wrappers and plastic bottles, which start to break down in the environment, can release dangerous microplastics, according to the lawsuit which claims microplastics have been detected in drinking water and fish species. Humans who consume microplastics can suffer adverse health affects, including infertility, inflammation of the intestine and neurotoxic issues.
New York's lawsuit accuses PepsiCo of failing to warn its consumers about its packaging's risk to human health and the environment. James wants PepsiCo to remediate the contamination in the Buffalo River, attach warning labels to its single-use packaging and pay civil penalties, as well as restitution.
PepsiCo has issued a statement, saying the company is serious about plastic reduction and recycling, but added reducing pollution requires involvement from cities, as well as consumers.
"Success in this effort requires collaboration," PepsiCo spokesperson Andrea Foote said in a statement.
"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."