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PepsiCo Beats New York State's 'Predatory' Lawsuit Over Plastics Pollution

News Feed
Friday, November 1, 2024

NEW YORK (Reuters) - PepsiCo won the dismissal of New York's lawsuit accusing the beverage and snack-food company of polluting the environment with single-use plastic packaging, as the judge criticized the state's attorney general, Letitia James, for bringing the case.Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said on Thursday that James failed to show PepsiCo created a public nuisance and should have warned consumers about the health and environmental risks of plastics in more than 100 of its brands.James sued PepsiCo and its Frito-Lay unit last November, seeking to hold them liable for endangering Buffalo's water supply by generating 17% of the plastic waste found in and near the Buffalo River. She also said the defendants deceived the public about their efforts to fight plastics pollution.But the judge ruled it would run "contrary to every norm of established jurisprudence" to punish PepsiCo, because it was people, not the company, who ignored laws prohibiting littering.He also said James, a Democrat, ignored a 2003 appeals court's refusal to hold Sturm Ruger liable when criminals use its handguns and risk opening the floodgates to public nuisance lawsuits. James' predecessor, Eliot Spitzer, brought that case."While I can think of no reasonable person who does not believe in the imperatives of recycling and being better stewards of our environment, this does not give rise to phantom assertions of liability that do nothing to solve the problem that exists," wrote Colaiacovo, a Republican."The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime," he added.James' office did not immediately respond to requests for comment on Friday.PepsiCo, based in Purchase, New York, said it was pleased with the decision, and "serious" about plastics reduction and effective recycling."Our time, attention and resources -- and those of other key stakeholders -- are best directed toward collaborative solutions," it added.James' lawsuit is one of many by state and local governments and environmental groups against companies that use plastics.Colaiacovo ruled one day after Los Angeles County filed a similar lawsuit against PepsiCo and Coca-Cola over their single-use plastic packaging.PepsiCo's brands include Cheetos, Cracker Jack, Doritos, Fritos, Gatorade, Lay's, Lipton, Mountain Dew, Ocean Spray, Pepsi, Quaker, Ruffles and Tostitos.The case is New York v. PepsiCo Inc et al, New York State Supreme Court, Erie County, No. 814682/2023.  (Reporting by Jonathan Stempel in New York, Editing by Franklin Paul)Copyright 2024 Thomson Reuters.

By Jonathan StempelNEW YORK (Reuters) - PepsiCo won the dismissal of New York's lawsuit accusing the beverage and snack-food company of polluting...

NEW YORK (Reuters) - PepsiCo won the dismissal of New York's lawsuit accusing the beverage and snack-food company of polluting the environment with single-use plastic packaging, as the judge criticized the state's attorney general, Letitia James, for bringing the case.

Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said on Thursday that James failed to show PepsiCo created a public nuisance and should have warned consumers about the health and environmental risks of plastics in more than 100 of its brands.

James sued PepsiCo and its Frito-Lay unit last November, seeking to hold them liable for endangering Buffalo's water supply by generating 17% of the plastic waste found in and near the Buffalo River. She also said the defendants deceived the public about their efforts to fight plastics pollution.

But the judge ruled it would run "contrary to every norm of established jurisprudence" to punish PepsiCo, because it was people, not the company, who ignored laws prohibiting littering.

He also said James, a Democrat, ignored a 2003 appeals court's refusal to hold Sturm Ruger liable when criminals use its handguns and risk opening the floodgates to public nuisance lawsuits. James' predecessor, Eliot Spitzer, brought that case.

"While I can think of no reasonable person who does not believe in the imperatives of recycling and being better stewards of our environment, this does not give rise to phantom assertions of liability that do nothing to solve the problem that exists," wrote Colaiacovo, a Republican.

"The judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime," he added.

James' office did not immediately respond to requests for comment on Friday.

PepsiCo, based in Purchase, New York, said it was pleased with the decision, and "serious" about plastics reduction and effective recycling.

"Our time, attention and resources -- and those of other key stakeholders -- are best directed toward collaborative solutions," it added.

James' lawsuit is one of many by state and local governments and environmental groups against companies that use plastics.

Colaiacovo ruled one day after Los Angeles County filed a similar lawsuit against PepsiCo and Coca-Cola over their single-use plastic packaging.

PepsiCo's brands include Cheetos, Cracker Jack, Doritos, Fritos, Gatorade, Lay's, Lipton, Mountain Dew, Ocean Spray, Pepsi, Quaker, Ruffles and Tostitos.

The case is New York v. PepsiCo Inc et al, New York State Supreme Court, Erie County, No. 814682/2023.  

(Reporting by Jonathan Stempel in New York, Editing by Franklin Paul)

Copyright 2024 Thomson Reuters.

Read the full story here.
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By Dennis Thompson HealthDay ReporterMONDAY, Dec. 30, 2024 (HealthDay News) -- The bounty of the holidays often leads to loads of leftovers landing...

By Dennis Thompson HealthDay ReporterMONDAY, Dec. 30, 2024 (HealthDay News) -- The bounty of the holidays often leads to loads of leftovers landing in the garbage after they go bad.A freezer can prevent such food waste by preserving edible food for later meals, a new study suggests.Discarded frozen items make up just 6% of wasted household food in the United States, according to results published recently in the British Food Journal.That indicates that freezing extra holiday treats and leftovers frequently keep them from being wasted, as people can be relied upon to thaw and eat these items, researchers said.Freezing food was associated with less food winding up in the trash, even though overall food waste remained high, researchers said.“We found that households with home freezing behaviors are more likely to have less food waste than other households,” lead researcher Lei Xu, a postdoctoral scholar specializing in agricultural and food economics at Ohio State University, said in a news release from the college.“Food waste is not just an economic loss – it also causes environmental damage because more than 90% of wasted food goes to the landfill, and this can produce greenhouse gas emissions,” Xu said.“The findings suggest that in the future, if we can encourage households to have home freezing behaviors, this small change in food storage habits can have a large environmental impact.”For the study, researchers analyzed data from a U.S. National Household Food Waste Tracking Survey conducted in summer 2022. Nearly 1,100 households were surveyed.Frequent home freezing appears to contribute to significantly less total food waste, results show.People most likely to freeze food for later tended to be middle-aged or older and living in a home with three or more people.That might mean that consumers likely to freeze foods are more experienced at managing meals for a group and more motivated to avoid food waste, researchers said.Interestingly, about 30% of wasted frozen food was discarded from the refrigerator rather than the freezer, results show.“Thinking about why that happens, it might mean they don’t understand food storage techniques and don’t understand how long they should keep certain foods and where they should put it,” Xu said. “This suggests more explicit food storage instructions on food labels could educate consumers about how to correctly store foods to reduce waste.”About 85% of U.S. households buy frozen foods. Among those, 55% said they buy frozen food to reduce waste.People who buy frozen food tend to grocery shop only two or three times a month, and are more likely to make under $50,000 a year.Frozen foods most likely to be discarded were meat (20% of total frozen food waste), vegetables (22%), and potatoes and grains (15% each).Better consumer education about how to freeze and save food could help address food insecurity, which occurs in about 10% of U.S. households, researchers said.“Half of consumers buy frozen food to reduce waste. What about the other half?” Xu said.“We want to increase social awareness of how to save food, and explain how people use frozen food and home freezing techniques to save food,” Xu continued. “And freezing is one of the most accessible techniques because essentially all households have a refrigerator and freezer.”SOURCE: Ohio State University, news release, Dec. 23, 2024Copyright © 2024 HealthDay. All rights reserved.

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Easy ways to reuse or dispose of real Oregon Christmas trees: Scouts are ready to help

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A benefit of buying a Christmas tree grown in Oregon or cutting a live fir tree using a U.S. Forest Service permit is the natural greenery can be repurposed.Once stripped of nonorganic materials, a real Christmas tree can become mulch to improve a yard’s water and nutrient retention or create a year-round wildlife habitat, with a bird feeder hanging from a branch.Environmental groups collect cut trees to strategically sink into creeks to protect young salmon and steelhead from predators, and for wetland restoration work.BSA Scouts Troop of Tigard will pick up non-flocked trees from driveways for a $15 donation or collect it at Cook Park.Scout troops 423For a small donation, Scout troops and other nonprofits collect biodegradable Christmas trees and wreaths from driveways or at designated collection sites.The trees cleared of ornaments, lights, tinsel, wire, nails, spikes, stands, plastic and other non-plant products are redirected from landfills to be used as ground cover at parks.BSA Scouts Troop 423 in Tigard, with help from Evergreen Tree Services, collects non-flocked trees and greenery to be chipped and spread on trails at Cook Park at 17005 Southwest 92nd Ave. in Tigard.The effort adds to a healthy, vibrant park ecosystem and funds Scout-led activities that foster a love for the outdoors and teach resilience, teamwork and a commitment to service. “Every donation helps make a difference,” said KP Phoebus, BSA Troop 423’s parent leader.Troop 423 (formerly Troops 423 and 218) offers holiday tree pickup in portions of ZIP codes 97224, 97223 and 97007 for a suggested donation of $15 and drop-off services at Cook Park from 9 a.m. to 4 p.m. Dec. 29, Jan. 4, 5, 11 or 12. Schedule a pickup at bsatroop423and218.org.Find Oregon Scout troops at beascout.scouting.org.The Oregon Department of Forestry encourages repurposing only trees grown in the state. Non-native Christmas trees sold at some stores can carry invasive pests.If you suspect there is a bug on an out-of-state Christmas tree, contact the forest department, cut up the tree and dispose of it inside plastic bags in a sealed garbage can. Do not leave it in the backyard for an extended period or dump it in a park or forest, they said.Garbage collection services accept trees as recyclable yard debris if the greenery fits inside the bin and is collected on the regularly scheduled pick-up day. A large tree can be cut up and the debris placed in the bin and picked up over several weeks. There may be an additional fee for the extra garbage. Some haulers do not accept flocked trees.Visit Metro’s Find-A-Recycler to determine the closest yard debris recycling facility or seasonal tree recycling event. Send a question, call 503-234-3000 or contact your garbage hauler.Repurpose a treeAn old Christmas tree can be moved outside and redecorated as a feeder for birds.For DIYers, Organic Gardening and others offer these suggestions for putting a post-Christmas trees grown in Oregon to good use:Make mulch: Cut off the boughs and place them around plants to insulate roots from the cold. Decomposing wood also releases nutrients like carbon, nitrogen, potassium and phosphorus into the soil, which can help improve soil quality and plant growth. Wood chips can also be used to fill in garden paths and reduce weeds.Enhance a compost pile: Bend blogger Linda Ly of Garden Betty suggests cutting the tree into smaller pieces and letting the pile sit until the pine needles have fallen off and the branches are dry and brittle. Then, use these brown materials as a carbon source for your compost bin, as needed, she wrote.Benefit wildlife: Move the tree in its stand outdoors for the winter, where it can provide food and shelter for wild birds. Hang a bird feeder or suet cage from the branches. Ly wrote that goats like eating the trees and putting branches in a chicken run “is a good way to help chickens beat winter boredom.”A fish home: With the owner’s permission, sink your tree in a deep pond to become habitats for fish and aquatic insects. In shallow wetlands, trees can act as barriers to sand and soil erosion.Turn it into a trellis: Move the tree to a corner of your yard and in the spring set it up in your garden as a trellis for peas or beans.— Janet Eastman covers design and trends. Reach her at 503-294-4072, jeastman@oregonian.com and follow her on X @janeteastman

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