The appeal has been submitted to the court’s appellate division. Credit: KHUNNINE via Shutterstock.

New York Attorney General Letitia James’ office has filed an appeal against the dismissal of a lawsuit that accuses PepsiCo of contributing significantly to plastic pollution, reported France 24, citing Agence France-Presse.

The state’s supreme court justice had previously dismissed the case, deeming the allegations speculative and attributing the responsibility for litter to consumers rather than the company.

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The appeal, submitted to the court’s appellate division, challenges the judge’s decision, with the Attorney General stating that the law and facts were “erroneously applied”.

This legal move comes at a time when global efforts to address plastic waste have hit a roadblock, with countries failing to agree on a formal treaty earlier this month.

In the original complaint, James targeted PepsiCo, headquartered in New York, US, and identified as one of the world’s top plastic waste contributors, for the alleged environmental and health hazards of its packaging.

The complaint also charged the company for misleading the public about its recycling practices and efforts to reduce plastic pollution.

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Research conducted by the Attorney General’s office identified PepsiCo’s products as the predominant source of plastic pollution in the Buffalo River, surpassing the next highest contributor, McDonald’s, by threefold. While PepsiCo has not yet commented on the appeal, it had previously expressed approval of the initial ruling.

Meanwhile, Coca-Cola, another alleged major plastic polluter, has recently scaled back its environmental objectives, including a commitment to reusable packaging and recycling targets.

The US and China remain the largest producers of plastic, highlighting the global scale of the issue.

Last month, Los Angeles County filed a lawsuit against PepsiCo and Coca-Cola, accusing them both of significantly contributing to plastic pollution in the state.