A New York state judge dismissed the attorney general’s plastic pollution lawsuit against PepsiCo with a scathing opinion rebuking its novel legal approach.
The decision, issued late Thursday out of the state’s supreme court for the county of Erie, blocks New York Attorney General Tish James’ attempt to hold the multibillion-dollar food and drink company legally responsible for its plastic litter under state public nuisance law.
“Imposing civil liability on a manufacturer for the acts of a third party seems contrary to every norm of established jurisprudence,” state Supreme Court Justice Emilio Colaiacovo wrote in his opinion.
Only a fraction of the single-use plastics produced each year get recycled, while the rest end up in landfills, incinerated or as pollution in the environment. Annual surveys from beach cleanups have repeatedly ranked Pepsi, which also owns brands such as Frito Lay, as one of the most polluting brands.
