NY AG Files Historic Lawsuit Against PepsiCo Over Plastic Pollution

NEW YORK — New York Attorney General Letitia James is accusing Pepsi of being soda jerks when it comes to the way they package their products.

James filed a historic lawsuit on Wednesday against Purchase-based PepsiCo alleging that the company has been harming the public and environment with single-use plastic packaging.

The Office of the Attorney General found that single-use plastic produced by PepsiCo contributes significantly to high levels of plastic pollution along the Buffalo River, which has been contaminating drinking water and harming wildlife.

The lawsuit alleges that PepsiCo caused public harm in Buffalo, has failed to warn consumers about the potential health and environmental risks of its single-use plastic packaging, and misleads consumers and the public about its efforts to combat plastic pollution.

"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," 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."

James is asking the court to require PepsiCo to stop contributing to the public nuisance it is causing in the Buffalo region, remediate the contamination it caused, and identify and implement measures to reduce the amount of PepsiCo’s plastic packaging entering the Buffalo River. The lawsuit also seeks to stop PepsiCo from selling or distributing any product in the Buffalo region in single-use plastic packaging without a sufficient warning. The lawsuit also seeks disgorgement, civil penalties, and restitution.

PepsiCo has misled the public about the effectiveness of its plastic recycling and its efforts to combat plastic pollution, the AG contends, citing statements that have misled consumers and the public by creating the impression that the company was making meaningful progress toward reducing the use of non-recycled plastic in its packaging, where no such progress is being made.

PepsiCo, which is headquartered in Purchase, manufactures, produces, and packages at least 85 different beverage brands and 25 snack food brands that predominantly come in single-use plastic containers, according to the AG.

The lawsuit notes that plastic packaging "has become a persistent and dangerous form of pollution along the shores of the Buffalo River and in its watershed."

In 2022, investigators conducted a survey of all types of waste collected at 13 sites along the Buffalo River and its tributaries and found that PepsiCo’s single-use plastic packaging was the most significant, according to James, who reports that of the 1,916 pieces of plastic trash collected with an identifiable brand, over 17 percent were produced by PepsiCo.