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New York calls PepsiCo's plastic pollution a 'public nuisance' in first-of-its-kind lawsuit

The company’s packaging was found to be the most significant contributor to plastic waste clogging the Buffalo River.


Plastic trash produced by the company PepsiCo has become a “persistent and dangerous form of plastic pollution” for residents of the Buffalo River watershed in upstate New York, according to a new lawsuit filed Wednesday.

The suit, brought by New York Attorney General Letitia James, is one of the first legal challenges from a state against a major plastic producer. It draws on a 2022 investigation from James’ office in which PepsiCo-branded plastic packaging was found to be by far the most significant contributor to plastic waste clogging the Buffalo River and its tributaries. Out of nearly 2,000 pieces of plastic trash collected at 13 sites along the waterways, PepsiCo products — which include brands like Aquafina, Cheetos, Gatorade, and Lay’s — accounted for more than 17 percent of those with identifiable branding.

All that plastic litter is breaking down into tiny fragments — microplastics — that are winding up in Buffalo’s water supply and the fish that people eat. Some of the chemicals contained in microplastics are carcinogenic, and researchers have raised concerns that the particles could cause reproductive dysfunction and other maladies.

“PepsiCo’s irresponsible packaging and marketing endanger Buffalo’s water supply, environment, and public health,” James said in a statement.

read more: grist.org/…/new-york-calls-pepsicos-plastic-pollu…

jordanlund ,
@jordanlund@lemmy.world avatar

Not sure how this is Pepsi’s problem. It’s their CUSTOMERS doing the littering, not Pepsi.

Maybe New York should do what Oregon has been doing since the 1970s, $0.10 deposit on cans and bottles, redeemable when you return the container for recycling.

MeanEYE ,
@MeanEYE@lemmy.world avatar

I would love if manufacturers brought back glass bottles. Drinks stayed fresh for longer times. It’s reusable and renewable. It’s environmentally more friendly. It’s just better. And I wouldn’t mind bringing bottles back to the store.

JustMy2c ,

Plastic is a waste product and thus cheaper as ANYTHING.

We need to TAX PLASTIC all the other problems will disappear and new solutions and old solutions will reappear.

5-10$/kilo plastic base tax (or duty/levie/etc) would deplastify the world!

MeanEYE ,
@MeanEYE@lemmy.world avatar

If that only hit the companies and not the consumers, sure.

DoucheBagMcSwag , (edited )

Not she why you got downvoted, pepsico and anyone else would do exactly this.

They would pass the extra cost onto you and then have you direct your anger towards “inflation”, “the economy” or whatever governmental head is in charge of your country

JustMy2c ,

It would also make glass bottles cheaper. Consumers tend to choose cheaper. Especially if more environmentally friendly.

MeanEYE ,
@MeanEYE@lemmy.world avatar

I don’t know either. People seem to think companies won’t do everything in their power not to lose another penny even if it cost you your and their future. Future is for future, let them deal with it they have quarterly figures to worry about. :/

ShortFuse ,

Some people don’t know how much better Snapple used to taste.

MeanEYE ,
@MeanEYE@lemmy.world avatar

I have never tried it, so I can’t tell either. But I do remember Bitter Lemon, Coca-Cola even. They were so much better from glass bottles.

shalafi ,

I’m all about glass. Recyclable, turns into sand eventually, all that. But we gonna burn more fuel to move all that extra mass around?

Love states that charge extra for containers and provide a refund. You won’t find shit laying around when people get $.10 for picking it up. Total no brainer.

MeanEYE ,
@MeanEYE@lemmy.world avatar

Transport will eventually have to go green anyway. If we are going to talk pointless transport then there are a lot of easier examples to pick. From tropical fruit to phones and small electronics. Aside from toilet paper rarely anything is produced close to where we live. Refund is definitely the way, people have to be stimulated into acting humanly, ironically enough.

derpgon ,

Out national Coca Cola alternative (more herbal taste, and is made locally) started producing glass bottles again last year, and they sell them in these cute 6-pack half-beer crates that you can connect and they are compatible with existing beer crates.

https://programming.dev/pictrs/image/5d41f5d5-5bc7-4266-86f5-c309b8774ff8.jpeg

MeanEYE ,
@MeanEYE@lemmy.world avatar

Cool. We have a local, herbal focused, brand as well which I much prefer to CocaCola, Pepsi and the likes. They actually do sell glass bottles in 0.25l size, but 2l is in plastic bottle.

ExLisper ,

Finally. Fine the fuckers till the fuckers ain’t fine.

I’ve notices recently disposable vapes. Why does this even exists? No one asked for it, no one needs it. In EU the law says that the manufacturer is responsible for recycling this shit but obviously most single use vapes with their lithium battery will simply end up on the landfill. Again, it’s just some capitalist asshole ignoring the environmental impact of their product for profit and shifting the responsibility on the consumer. This shit has to end but as of today even EU doesn’t care and allows this. It’s infuriating.

SeaJ ,

The worst in my area is plastic water bottles. Although that might be because we tax non diet soda so not as many drink that.

FlyingSquid ,
@FlyingSquid@lemmy.world avatar

Pepsico sells water in plastic bottles too, as Aquafina and LIFEWTR (and possibly others) so that is also something they are culpable for.

Bonehead ,

They should just create a bottle exchange like they do with glass bottles and aluminum cans. Charge the same 5 cents, and people will go out of their way to collect bottles to return for that 5 cents. Most people won't even notice the bump in price, and their habits won't change. But there's always others looking to make money, and this opens a new avenue to keeping more plastic out of the environment.

WarmSoda ,

Or, OR the company takes responsibility and doesn’t dump trash in the environment instead of some trash return scheme that pushes the responsibility onto the public.

Bonehead ,

Yes, the company should be made responsible. But do you want a solution that may actually work, or do you just want to complain that it's not perfect?

WarmSoda ,

The company not causing the issue is the solution that will work.

Bonehead ,

Great...work on fighting to make them do that. I truly hope you win. In the meantime, how about we do something about the existing problem before it gets worse?

WarmSoda ,

If only there was a lawsuit brought to the company in question by the government to force them to do it…

Bonehead ,

You still have to win it first. But until then, how about we just actually do something about the problem?

WarmSoda ,

You seem to think they’re dropping empty 2 liter bottles down the hill and people can walk over, pick them up, and return them at a bottle return.

It’s literally plastic trash, not something you can hike over with your kids and collect for a few cents.

And again, the public should not be held responsible for a giant company’s horrid acts.

Bonehead ,

Right, so you just want to complain...

WarmSoda ,

No. I want the company to own up and take care of it. Not the regular people that live in the area.

Idk why that’s such a difficult thing for you to understand.

ExLisper ,

What do you mean? The existing problems is plastic packaging and the solution is to ban it. Make an exception for water and that’s it. No one needs any other drinks. If someone really wants to drink Pepsi make them pay extra and carry glass bottles. Let’s stop behaving like plastic bottles are essential for life and get rid of this shit.

FireTower ,
@FireTower@lemmy.world avatar

The problem here is individuals littering. IMO a law that forces companies to instead use a different type of packaging that can degrade naturally would be more effective at imparting change.

EmptySlime ,

Those bottles already have that deposit on them in New York State. I regularly see tons of people going around Buffalo picking up bottles and cans to take back to redemption centers for the deposit. All that plastic in the river is happening in spite of that 5 cent redemption.

Now this part is just an anecdote but the people I personally see most often chucking their bottles on the ground are Canadians tossing them out their car windows. Which makes sense since you can’t take them back across the border with you and still get the deposit back. They’d have to do it before heading back to Canada.

grue ,

All that plastic in the river is happening in spite of that 5 cent redemption.

Sounds like they should adjust it for inflation: apparently the first bottle deposit started in 1971, so the correct price for the deposit in 2023 should be closer to 38¢. (Or maybe even more: Michigan’s bottle deposit has been 10¢ since 1976, so the inflation-adjusted price there would be 54¢).

radix ,
@radix@lemmy.world avatar

accounted for more than 17 percent of those with identifiable branding.

The Pepsi execs’ biggest takeaway is going to be that their branding dye/paint is too durable.

CanadianCorhen ,

Good,

the idea that we can abolish liability of companies by blaming the individual is insane. There will always be people who will be willing to litter, the companies know that, and chose to not act accordingly.

NOT_RICK ,
@NOT_RICK@lemmy.world avatar

You’re not wrong, but I fantasize about a space laser that targets litterers and people that don’t pick up after their dogs.

WhatsHerBucket ,
@WhatsHerBucket@lemmy.world avatar

And people that don’t use their turn signals!

Reverendender ,

Or who decelerate when merging!

KillerTofu ,

Why not target those who make the decisions to use and proliferate the packaging that is the root of the problem? Most things that are recyclable and put into appropriate bins still aren’t recycled.

NOT_RICK ,
@NOT_RICK@lemmy.world avatar

They can get it too

Reverendender ,

So the lasers should target conservatives, is what you’re saying?

SendMePhotos ,

I’ve missed a few dog doo doos from either talking to someone or if they poo further away and it’s magic poop. I get to the spot I SAW them poop at, and it’s fucking gone.

To be fair, I pick up other poops to fill the gap.

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