MANHATTAN (CN) — New York Attorney General Letitia James is taking aim at one of the world’s biggest food and beverage companies, filing a lawsuit Wednesday over the role James said PepsiCo played in polluting the Buffalo River.
James claims the company's use of plastic packaging contributes to an exorbitant amount of pollution in the Buffalo region. In the 39-page state court complaint she accused the corporation of failing to tell consumers about the risks of single-use plastics and deceiving the public about the company’s efforts to fight waste.
“PepsiCo has failed to abate the harm or warn the public that its plastic packaging is a potential source of plastic pollution and presents a risk of harm to human health and the environment,” James wrote in the suit. “Instead, it has misled the public about its efforts to combat plastic pollution, while increasing its production and sale of single-use plastic packaging.”
James says PepsiCo, which operates myriad popular food and drink brands like Quaker Oats, Doritos and Lay’s, continuously promises to address the issue — but when it comes to tangible progress, however, the company keeps kicking the can down the road.
“Year after year, PepsiCo touts ineffective solutions and lofty goals that have repeatedly failed to materialize,” the suit says.
Americans produce more than 36 million tons of plastic waste every year, according to data from the Environmental Protection Agency. All that plastic takes a toll on New York's waterways — particularly the Buffalo River, James said, which was found to contain “large quantities of microplastics” that have made their way into the city of Buffalo’s drinking water.
The attorney general says the pollution can carry major health risks, unbeknownst to the public.
“Once ingested, microplastics permeate deep into our bodies, blood, and organs, and can even be transferred through the placenta into unborn children,” James' office said in a news release announcing the suit. “Exposure to microplastics and the chemicals they carry can cause a wide range of adverse health effects, from reproductive dysfunction to inflammation of the intestine and neurotoxic effects.”
Microplastics come from packaging used by a variety of companies, but in the Buffalo River, James said PepsiCo is by far the biggest culprit.
Her office conducted a survey last year that recovered and analyzed waste at 13 sites along the river. Of the nearly 2,000 pieces of trash collected, more than 17% of it came from PepsiCo. The next highest contributor was McDonald’s, which produced less than 6% of the recovered waste.
James’ findings aren’t hugely surprising, given PepsiCo’s massive market share of prepackaged snacks and drinks. It’s the second-largest food and beverage business in the world behind only Nestlé, and makes more than $1 billion in the annual sales of its 23 brands.
“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 in a statement about the suit.
The attorney general called the suit “historic” and “groundbreaking,” as it marks the first time a state government has gone after an accused polluter in this fashion. James is pursuing multiple counts against PepsiCo, including public nuisance for the company’s apparent harm to state residents. While it’s a unique lawsuit, experts say it’s not entirely out of the blue.
“This is an issue that PepsiCo has been flagging for their investors for years… so it’s not a surprise,” Rebecca Bratspies, an environmental law professor at City University of New York, told Courthouse News.
Bratspies said the lawsuit could change the way companies like PepsiCo are held accountable for pollution around the country.
“If PepsiCo changes its behavior, that will make a significant dent in the problem,” Bratspies said. “It won’t solve the whole problem, but maybe the rest of the industry watches and sees.”
James’ lawsuit also marks the first time the state is invoking the right to clean water, which New Yorkers added to the state constitution in 2021.
“That, in and of itself, is a historic moment,” Bratspies added.
In a statement to Courthouse News, a PepsiCo spokesperson said the company is “serious about plastic reduction and effective recycling,” adding that the issue is “complex” and “requires involvement from a variety of stakeholders.”
“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,” the statement said. “We have worked effectively with a variety of communities across the country and remain committed to doing so.”
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