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'No company is too big': NY AG James files lawsuit against PepsiCo for pollution in Buffalo River

Posted at 1:39 PM, Nov 15, 2023
and last updated 2023-11-15 18:00:39-05

NEW YORK (WKBW) — New York Attorney General Letitia James has filed a lawsuit against PepsiCo Inc. James announced the lawsuit Wednesday at Canalside alongside state and local leaders.

The lawsuit alleges that hundreds of PepsiCo products have been found along the Buffalo River and caused public harm in Buffalo.

"And at the end of the day people that produce things have a responsibility for the things that they produce and this announcement demonstrates that no corporation how big or small how powerful or wealthy they may be in above the law," Assemblymember Jon Rivera said.

In addition, the lawsuit charges PepsiCo with failing to warn consumers about the potential environmental and health risks of its single-use plastic packaging.

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Attorney General James makes lawsuit announcement at Canalside Wednesday morning.

"No company is too big to ensure that their products do not damage our environment and public health. All New Yorkers have a basic right to clean water, yet PepsiCo's irresponsible packaging and marketing endanger Buffalo's water supply, environment, and public health," said Attorney General James. "No one should have to worry about plastics in their drinking water, plastic garbage littering their scenic riverfront, or plastic pollution harming wildlife. I will never hesitate to take on major corporations that put the health and safety of everyday New Yorkers and our planet at risk."

A survey conducted by the OAG in 2022 found that PepsiCo's single-use plastic packaging exceeded any other source of plastic waste along the river.

"We must do everything in our power to protect our natural space and waterways so that they can be enjoyed by future generations," said Erie County Executive Mark Poloncarz. "Single-use plastic packaging has caused major problems for our environment and the chain of life in and around the Great Lakes, including our beloved Lake Erie. Taking action against those who pollute our environment is the only way to confront the serious challenges facing our community as a whole. I applaud Attorney General James for leading the way for New York state so that we can protect all of our residents, and I join her commitment to preserving and maintaining healthy waterways."

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Microplastics have been detected in the City of Buffalo's drinking water. The water is sourced from Lake Erie, which runs less than a mile from the Buffalo River.

"This plastic waste is contaminating our fresh water supply and drinking water harming wildlife threatening public health and reducing New York’s quality of life," James said.

The exposure to microplastic chemicals can cause a variety of health effects. In addition to negative health effects, microplastic pollution contaminates every level of the food web in the Great Lakes.

"We're the city of good neighbors," said Buffalo Mayor Byron Brown. "We not only strive to be good to each other, but we want to be good to the environment around us. I thank Attorney General James for taking bold actions to protect our environment against threats. I also thank her for her partnership in my administration's goal to create a greener and climate friendly city."

The lawsuit requires PepsiCo to end practices threatening the public and restitution for damages inflicted upon New York communities.