New York state has filed a lawsuit against PepsiCo, citing the soda giant’s contribution to plastic waste in waterways and criticizing the company’s alleged “misleading” environmental statements.
The civil suit, brought by New York Attorney General Letitia James in the state Supreme Court, aims to establish that PepsiCo played a role in a “public nuisance” in the Buffalo River.
The lawsuit seeks financial penalties and compensatory damages against the company, along with an injunction to halt the sale of single-use plastic on products lacking environmental warning labels.

In a statement, Attorney General Letitia James asserted that all New Yorkers have a fundamental right to clean water and accused PepsiCo’s packaging and marketing of jeopardizing Buffalo’s water supply, environment, and public health.
PepsiCo responded, emphasizing its commitment to plastic reduction efforts and claiming transparency in its initiatives. The company acknowledged the complexity of the issue and stressed the need for collaboration among various stakeholders.
According to a survey by James’ office cited in the lawsuit, PepsiCo’s plastic packaging was identified as the primary source of plastic pollution in the Buffalo River, three times more prevalent than the next contributor, McDonald’s.
The suit alleges that these plastics cause extensive harm to the public and the state of New York, pointing to the presence of microplastics in both humans and fish. Health-related issues mentioned in the lawsuit include early puberty, reduced sperm counts, reproductive organ alterations, obesity, changed sex-specific behaviors, and increased rates of certain cancers.
While the lawsuit acknowledges PepsiCo’s statements pledging action to reduce plastic pollution, it accuses the company of consistently falling short of its commitments. Additionally, the suit claims that PepsiCo has not substantially adopted alternatives to single-use plastics in the New York market. In contrast, the company has reportedly implemented refillable and returnable glass and plastic programs in international markets such as Mexico and Germany.

