On March 16, 2026, following six years of litigation, Weil secured summary judgment in a plastic pollution public nuisance case in state court in San Mateo, California. The case was filed by Cotchett, Pitre & McCarthy, which previously had secured a $1.15 billion judgment in the neighboring county in a public nuisance case against lead paint manufacturers, and which represented the County of San Mateo in the $49 billion opioids settlement.

The complaint alleged that PepsiCo caused plastic pollution – on beaches and rivers and elsewhere in California’s marine environment – by falsely promoting recycling and overproducing single-use plastic. Judge Amarra Lee ruled that PepsiCo’s recycling marketing was expressly authorized by California law and that the plaintiff NGO Earth Island Institute did not prove that PepsiCo caused harm to its land – an “EcoVillage” farm. The case initially named 10 consumer products companies, seven of which settled.

This victory follows Weil’s first-of-its kind motion to dismiss win for PepsiCo in November 2024 in a similar lawsuit filed by the New York Attorney General alleging that PepsiCo had created a public nuisance of plastic litter and marine plastic pollution in New York’s Buffalo River and surrounding environs.

The Weil team for PepsiCo included Drew Tulumello, Arianna Scavetti, Claire Chapla, Trent Benishek, Brian Williamson, Laurel Zigerelli, Hannah Hess, Caitlin Flanagan and Brady Morris. The team was recognized in The AmLaw Litigation Daily “Litigators of the Week” column.