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PepsiCo defeats NY AG Letitia James’ ‘predatory’ lawsuit over plastic pollution
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PepsiCo defeats NY AG Letitia James’ ‘predatory’ lawsuit over plastic pollution

PepsiCo has defeated a lawsuit brought by New York Attorney General Letitia James for the company alleged plastic pollution after a judge criticized the case as predatory and dismissed the suit.

James failed to show that beverage and snack company created a public nuisance with its single-use plastic packaging, state Supreme Court Justice Emilio Colaiacovo said Thursday in Buffalo.

Colaiacovo, a Republican, ruled that it would be “contrary to any rule of established jurisprudence” to punish PepsiCo because people ignored littering laws, not the company.

“While I can’t think of any reasonable person who doesn’t believe in the imperatives of recycling and being better stewards of our environment, this doesn’t give rise to phantom liability claims that do nothing to solve the problem at hand,” he written Colaiacovo.

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PepsiCo

A judge has dismissed a lawsuit against PepsiCo that was filed by New York State Attorney General Letitia James. (Mario Tama/Getty Images/Getty Images)

“The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while looking for a crime,” he added.

Pepsi bottles

James’ lawsuit alleged that PepsiCo misled the public about the effectiveness of its plastic recycling and its efforts to combat plastic pollution. (Reuters/Fox News)

A spokeswoman for James said the attorney general’s office was disappointed by the decision and was reviewing its options, but was committed to protecting communities from plastic pollution, calling it “a major threat to our planet and our public health.”

New York Attorney General Letitia James

The judge criticized New York Attorney General Letitia James in her decision to dismiss the lawsuit against PepsiCo. (Mike Segar-Pool/Getty Images/Getty Images)

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James sued PepsiCo last November, arguing that the company endangered Buffalo’s water supply with plastic waste and misled the public about their efforts to combat plastic pollution.

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Los Angeles County is also suing PepsiCo over the company’s alleged role in plastic pollution, after filing a lawsuit on Wednesday.

Reuters contributed to this report.