PepsiCo was accused of polluting Buffalo39;s water supply
Judge criticizes Attorney General Letitia James for suing
James disappointed with decision, reviewing options
PepsiCo emphasizes commitment to plastics reduction
NEW YORK, Nov 1 Reuters PepsiCo won the dismissal of New York39;s lawsuit accusing the beverage and snackfood company of polluting the environment with singleuse plastic packaging, as the judge criticized the state39;s attorney general, Letitia James, for bringing the case.
Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said on Thursday that James failed to show PepsiCo created a public nuisance and should have warned consumers about the health and environmental risks of plastics in more than 100 of its brands.
James sued PepsiCo and its FritoLay unit last November, seeking to hold them liable for endangering Buffalo39;s water supply by generating 17 of the plastic waste found in and near the Buffalo River. She also said the defendants deceived the public about their efforts to fight plastics pollution.
But the judge ruled it would run contrary to every norm of established jurisprudence to punish PepsiCo, because it was people, not the company, who ignored laws prohibiting littering.
He also said James, a Democrat, ignored a 2003 appeals court39;s refusal to hold Sturm Ruger liable when criminals use its handguns and risk opening the floodgates to public nuisance lawsuits. James39; predecessor, Eliot Spitzer, brought that case….