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Justice Emilio Colaiacovo in Buffalo dismissed the lawsuit against PepsiCo on Thursday

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PepsiCo beat a lawsuit brought by New York Attorney General Letitia James over the company’s alleged plastics pollution after a judge criticized the case as predatory and dismissed the lawsuit.

James failed to show that the beverage and snack-food company created a public nuisance with its single-use plastic packaging, Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said Thursday.

Colaiacovo, a Republican, ruled that it would run "contrary to every norm of established jurisprudence" to punish PepsiCo because people ignored littering laws, not the company.

"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.

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