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ARTICLE · 09 DECEMBER 2024

Plastic Pollution Case Dismissed

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In an important decision regarding plastic recycling and disposal, the New York Supreme Court has dismissed the NY Attorney General's lawsuit against Pepsico for allegedly contributing to plastic pollution in New York...

United StatesEnvironment
Christopher A. Cole
Christopher A. Cole
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In an important decision regarding plastic recycling and disposal, the New York Supreme Court has dismissed the NY Attorney General's lawsuit against Pepsico for allegedly contributing to plastic pollution in New York waterways. People of the State of New York v. Pepsico, Inc. at al., No. 814682/2023 (NY Supreme Court, Oct. 31, 2024). The high-profile case is one of several currently pending in which Plaintiffs allege that makers of single-use plastic containers are responsible for contributing to plastic pollution.

Here, the Attorney General of New York sought to hold Pepsico liable under two theories: public nuisance and false advertising law. In a strongly-worded opinion, the New York Supreme Court rejected both theories.

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