EPA estimates less than 10 percent of all plastics created each year get recycled, while the rest winds up in landfills, incinerated or as pollution in the environment. Products from brands owned by Coca-Cola or Pepsi collectively make up approximately 16 percent of the world’s plastic pollution, according to a survey published earlier this year.

Justice Emilio Colaiacovo of the state Supreme Court in Buffalo said that James failed to show PepsiCo created a public nuisance and should have warned consumers about the health

A New York State judge has tossed out a lawsuit against PepsiCo that sought to hold the company accountable for plastic pollution in the Buffalo River and chided Democratic Attorney General Leticia James for "policy idealism" by filing the legal challenge.