NY state sues PepsiCo because customers litter

[Rainger99]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)

[margaretmattson]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)I have seen Pepsi bottles placed in public trash bins atop of other trash. A gust of wind sends the bottles into the streets and some roll into the storm drains. On sidewalks along rivers, I have seen the plastic bottles littering the banks or getting washed into the river by the wind. Do I think Pepsico is responsible? Not sure. Maybe the city is responsible for not removing the trash before the public bins become overloaded. Or, not providing proper receptacles to deposit the empty bottles.

[Bill14564]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)

Seems like a ridiculous lawsuit. What good could possibly come from it? Will Pepsi stop selling plastic bottles in NYS and forces a switch to Coke? Won't that just shift the statistics and result in another lawsuit?

It's also hard to imagine that McDonald's would be second to Pepsi. Would they be counting plastic containers for fish fillet or would they be finding plastic cups that were used for Coke products? It's hard to imagine that Coke bottles or water bottles didn't make up a higher percentage than McDonald's.

It's early to start campaigning for the 2026 NYS elections so I wonder why this lawsuit now.

[dewilson58]

Didn't NY have a suit against companies for too much sugar in drinks??
(going on memory)

NY is jus pushing more and more people & companies out.

:shrug:

[fdpaq0580]

i'm in a New York state of mind.

Officials and attorneys, maybe with an axe to grind, making a show out of something they are responsible for and blaming the manufacturer for. If the product was faulty (poisonous or dangerous) then the manufacturer could be held liable. But a manufacturer should not (necessarily) be held accountable for what a customer does with the product after purchase. If they were, every gun maker and ammo manufacturer would be liable for murder.
As stated earlier in this thread, produce better trash receptacles and empty them before they overflow. Sounds like city sanitation problem to me. Make fines for littering much stiffer.

[Rainger99]

And New York has a bottle deposit law. It is $.05.

Frequently Asked Questions About the Bottle Bill - NYS Dept. of Environmental Conservation (https://www.dec.ny.gov/chemical/57687.html)

It appears that the people aren't returning their bottles. I guess if you made the deposit $5 a bottle or can ($60 for a 12 pack) people would probably return their bottles - or you would have people scouring the ditches, rivers, and lakes for empty bottles to return.

[fdpaq0580]

And New York has a bottle deposit law. It is $.05.

Frequently Asked Questions About the Bottle Bill - NYS Dept. of Environmental Conservation (https://www.dec.ny.gov/chemical/57687.html)

It appears that the people aren't returning their bottles. I guess if you made the deposit $5 a bottle or can ($60 for a 12 pack) people would probably return their bottles - or you would have people scouring the ditches, rivers, and lakes for empty bottles to return.

(Here it comes) Back in my day, (today is obviously not my day) I recall 5 cent deposit on bottles and adults saved the bottles and kids made money collecting bottles. Coke, Pepsi and others recycled/reused bottles whenever they could. Saved them serious money. Of course, back in my day, a Coke from machine was 5 cents. The bottle cost more than it's content.

[manaboutown]

I wonder what that preposterous lawsuit is going to cost NY taxpayers?

[Pugchief]

Cities are broke. Especially the ones that have all sorts of freebies.

These frivolous lawsuits are yet another way to extract money from the residents and businesses that have it, as you can only tax so much. And yes, it's going to cause businesses and wealthier residents to flee to more sane areas.

[Gpsma]

(Here it comes) Back in my day, (today is obviously not my day) I recall 5 cent deposit on bottles and adults saved the bottles and kids made money collecting bottles. Coke, Pepsi and others recycled/reused bottles whenever they could. Saved them serious money. Of course, back in my day, a Coke from machine was 5 cents. The bottle cost more than it's content.

Not sure what years you are referring to. I remember back in the early 60s in NYC the bottle deposit was 2 cents. And yes, we kids would find them and get the 2 cents…thats two pieces of Bazooka bubble gum

[Bay Kid]

Lawyers...the world's problem.... They will sue anyone for anything, even when they know it is false.

[golfing eagles]

i'm in a New York state of mind.

Officials and attorneys, maybe with an axe to grind, making a show out of something they are responsible for and blaming the manufacturer for. If the product was faulty (poisonous or dangerous) then the manufacturer could be held liable. But a manufacturer should not (necessarily) be held accountable for what a customer does with the product after purchase. If they were, every gun maker and ammo manufacturer would be liable for murder.
As stated earlier in this thread, produce better trash receptacles and empty them before they overflow. Sounds like city sanitation problem to me. Make fines for littering much stiffer.

Great post! I didn’t know you had it in you. Kudos 👍

[fdpaq0580]

Great post! I didn’t know you had it in you. Kudos 👍

Thanks. I'm not just a pretty face. (Come to think of it, I've never been a pretty face!)

[blueash]

i'm in a New York state of mind.

Officials and attorneys, maybe with an axe to grind, making a show out of something they are responsible for and blaming the manufacturer for. If the product was faulty (poisonous or dangerous) then the manufacturer could be held liable. But a manufacturer should not (necessarily) be held accountable for what a customer does with the product after purchase.

Let me suggest a way to think about this issue. If Pepsi decided to sell soda in a lead can, carefully treated so no lead leached into the soda but of course the container when disposed would add lead to the soil or water as it broke down. No harm came to the direct consumer, it was used as directed, and only after disposal was the environment damaged with a poison that has subtle but potentially very serious health consequences for animals and humans....

Should Pepsi be responsible for selling such a lead polluting product? I think you'd say yes, absolutely.

Microplastics are increasingly being recognized as a very long term health hazard and they don't break down.

Pepsi surely could sell its products in paper or glass or aluminum. It does not have to sell it in a dangerous container. Perhaps there are plastics which break down completely and don't leave microplastic pollution but Pepsi does not use those.

The basis of this suit is that NYS is claiming that the product is dangerous and toxic which you already accepted as a legitimate reason for litigation.

[Bill14564]

Let me suggest a way to think about this issue. If Pepsi decided to sell soda in a lead can, carefully treated so no lead leached into the soda but of course the container when disposed would add lead to the soil or water as it broke down. No harm came to the direct consumer, it was used as directed, and only after disposal was the environment damaged with a poison that has subtle but potentially very serious health consequences for animals and humans....

Should Pepsi be responsible for selling such a lead polluting product? I think you'd say yes, absolutely.

Microplastics are increasingly being recognized as a very long term health hazard and they don't break down.

Pepsi surely could sell its products in paper or glass or aluminum. It does not have to sell it in a dangerous container. Perhaps there are plastics which break down completely and don't leave microplastic pollution but Pepsi does not use those.

The basis of this suit is that NYS is claiming that the product is dangerous and toxic which you already accepted as a legitimate reason for litigation.

There are two problems that come to mind. First, it is not the container material that is being singled out, it is Pepsi. It *may* be that Pepsi contributes the most to the plastic pollution in the Buffalo river but they are not the only contributor. If the problem is the plastic then why not target the number two contributor or all contributors? But Pepsi is the only company mentioned.

Second, there are many poisonous materials being used in many products. Lead-acid batteries contain lead with the same characteristics you mentioned above. Some thermometers and thermostats contain mercury. Smoke detectors have batteries with hazardous materials and small amounts of radioactive materials. Cooling systems contain chemicals dangerous to people and to the environment. All these, and the Pepsi bottles, are safe when used and discarded appropriately. Those who inappropriately handle or discard the other materials can be held accountable. Why is it that only improperly discarding Pepsi plastic containers is a liability to the company?

[blueash]

There are two problems that come to mind. First, it is not the container material that is being singled out, it is Pepsi. It *may* be that Pepsi contributes the most to the plastic pollution in the Buffalo river but they are not the only contributor. If the problem is the plastic then why not target the number two contributor or all contributors? But Pepsi is the only company mentioned.

Second, there are many poisonous materials being used in many products. Lead-acid batteries contain lead with the same characteristics you mentioned above. Some thermometers and thermostats contain mercury. Smoke detectors have batteries with hazardous materials and small amounts of radioactive materials. Cooling systems contain chemicals dangerous to people and to the environment. All these, and the Pepsi bottles, are safe when used and discarded appropriately. Those who inappropriately handle or discard the other materials can be held accountable. Why is it that only improperly discarding Pepsi plastic containers is a liability to the company?

There are lots of regulations on lead acid batteries which the manufacturers are careful to follow as to their disposal. Similarly there are regulations on radioactive waste. There are no such rules on plastics, yet.

The issue is whether your statement that Pepsi bottles "are safe when discarded appropriately" is correct. The product is designed to be tossed away. It really doesn't matter whether it goes into the street or into a garbage can. There is no effective recycling anymore.

Corporations have long been held to be responsible for the pollution they create. The legal question to be decided by a court is whether plastics are a pollutant and whether the sellers of those pollutants bear any responsibility for the pollution.

[Bill14564]

There are lots of regulations on lead acid batteries which the manufacturers are careful to follow as to their disposal. Similarly there are regulations on radioactive waste. There are no such rules on plastics, yet.

...

I have never seen an Interstate compliance officer or FirstAlert representative take any interest in how I disposed of my batteries or smoke alarms.

[Topspinmo]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)


What about bottled water?

[Topspinmo]

Seems like a ridiculous lawsuit. What good could possibly come from it? Will Pepsi stop selling plastic bottles in NYS and forces a switch to Coke? Won't that just shift the statistics and result in another lawsuit?

It's also hard to imagine that McDonald's would be second to Pepsi. Would they be counting plastic containers for fish fillet or would they be finding plastic cups that were used for Coke products? It's hard to imagine that Coke bottles or water bottles didn't make up a higher percentage than McDonald's.

It's early to start campaigning for the 2026 NYS elections so I wonder why this lawsuit now.


Maybe all suppliers that use plastic should stop selling in New York? See how that fairs with public? Maybe then they will wake up.

[Caymus]

Maybe all suppliers that use plastic should stop selling in New York? See how that fairs with public? Maybe then they will wake up.

Better yet, Pepsi's corporate headquarters is in New York. Maybe they should relocate to a normal state.

[JMintzer]

But a manufacturer should not (necessarily) be held accountable for what a customer does with the product after purchase. If they were, every gun maker and ammo manufacturer would be liable for murder.

There are those who are pushing to make that a reality...

[JRcorvette]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)

Hey it’s NY anything can happen in that State or in CA…. You could not pay me to live there!!!

[Eg_cruz]

NY accuses Pepsico of creating a public nuisance by making a huge number of plastic bottles and wrappers, some of which inevitably fall or blow into the Buffalo River when they are discarded.

I am not a lawyer but I think it is hard to blame a company for what consumers do with their products after purchasing them.

And what about Coke? Don’t they make plastic bottles?

New York sues PepsiCo in effort to hold it responsible for litter that winds up in rivers (https://www.yahoo.com/news/york-sues-pepsico-inc-plastic-185836199.html)
How about cigarette companies since people throw their cigarette butts wherever they feel like

[Topspinmo]

Hey it’s NY anything can happen in that State or in CA…. You could not pay me to live there!!!


They would just tax that pay!:22yikes:

[Get real]

Coke made political contributions of $1,361,000 in 2022 - $697,000 to the Democrats, $664,000 to the Republicans - this is huge?

Coca Cola is based in Atlanta, GA - why is Coke NY?

Do you have support for your comments?

I guess Pepsi didn't pay (off) enough. It is NY and a corrupt AG.

[mtdjed]

Seems like a ridiculous lawsuit. What good could possibly come from it? Will Pepsi stop selling plastic bottles in NYS and forces a switch to Coke? Won't that just shift the statistics and result in another lawsuit?

It's also hard to imagine that McDonald's would be second to Pepsi. Would they be counting plastic containers for fish fillet or would they be finding plastic cups that were used for Coke products? It's hard to imagine that Coke bottles or water bottles didn't make up a higher percentage than McDonald's.

It's early to start campaigning for the 2026 NYS elections so I wonder why this lawsuit now.

The answer to your question why - New York Attorney General Letitia James today filed a historic and groundbreaking lawsuit against PepsiCo Inc. (PepsiCo) for harming the public and the environment with its single-use plastic packaging.

And this is only on the Buffalo River and against Pepsi. Just think how many other creeks she can site, or companies, or products.