State Lawsuit Blames PepsiCo’s Plastic Packaging for Public Nuisance in Buffalo Area

The state of New York has filed a lawsuit against PepsiCo Inc. for allegedly harming the public and the environment with its single-use plastic bottles, caps and wrappers.

The suit, brought by the office of Attorney General Letitia James, maintains that single-use plastic packaging produced by PepsiCo “contributes significantly to high levels of plastic pollution along the Buffalo River, pollution that is contaminating drinking water and harming wildlife.”

The lawsuit cites research claiming that a large majority the waste from the Buffalo River watershed is plastic and PepsiCo is by far the top producer of this plastic waste.

The lawsuit alleges that PepsiCo contributes to the existence of a public nuisance that substantially harms the community and the environment in the Buffalo area. It further alleges that PepsiCo has failed to warn consumers about the potential health and environmental risks of its single-use plastic packaging and that the company misleads the public about its efforts to combat plastic pollution.

PepsiCo is based in Purchase, New York, which is southeast of Buffalo. In addition to its well-known Pepsi cola, its more than 100 drink and snack food brands include Mountain Dew, Gatorade, Ocean Spray, Lipton, Quaker, Lay’s, Cheetos, Doritos, Fritos, Lipton and Tostitos. PepsiCo generated more than $79 billion in net revenue in 2021.

“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,” said James in announcing the litigation.

The state says it conducted a survey in 2022 of waste collected at 13 sites along the Buffalo River and its tributaries and found that of the 1,916 pieces of plastic trash collected with an identifiable brand, more than 17% were produced by PepsiCo. PepsiCo’s plastic packaging was three times more abundant than the next highest contributor, McDonald’s with 5.7%.

Also, according to the suit, from 2013 to 2022, approximately 78% of waste collected by Buffalo Niagara Waterkeeper volunteers in the Buffalo River watershed was plastic. Single-use plastic wrappers, bottles, and caps of the types produced by PepsiCo were found in significant amounts every year.

Research cited in the lawsuit indicates that once single-use plastic packaging enters the environment, it tends to quickly break down and release dangerous microplastics that can threaten the health of mammals and, likely, humans.

The suit notes that city of Buffalo sources its drinking water from Lake Erie, less than a mile from the mouth of the Buffalo River, and microplastics have been detected in the region’s drinking water supply and fish species.

Through this lawsuit, the state seeks to require PepsiCo to end practices that threaten the environment and the public in the Buffalo area and to obtain disgorgement, civil penalties, and restitution for the damage allegedly inflicted.

The suit alleges that the company has promised to reduce its use of plastic packaging but has not done so.

Last December, PepsiCo announced a global packaging goal intended to double the percentage of all beverage servings it sells delivered through reusable models from 10 to 20 percent by 2030. The company has said it also has a goal to reduce virgin plastic per serving by 50% by 2030 by increasing recycled content in its packaging.

In August, the company said it would be rolling out “paper-based solutions” to replace plastic rings used around multipacks. The announcement said the new packaging is recyclable.

Topics Lawsuits