•  What happened: Baltimore city officials are suing PepsiCo, Coca-Cola, and six other companies under public nuisance claims related to product packaging litter.
• Tell me more: The lawsuit seeks an unspecified amount in financial compensation, alleging the companies knew discarded plastic would litter streets and contaminate waterways, leaving the local government with the bill for cleanup.
• Not so fast… A company can’t control whether you and I dispose of our trash appropriately once we’ve bought their product. And litter and pollution are already illegal under state and federal laws, and those statutes are a more efficient and appropriate way to address these problems. Catch up in the TLR Advocate
• Ring a bell? Plaintiff’s attorneys have paired up with state and local governments to file public nuisance lawsuits against companies that are producing lawful products, hoping to score a big payout to fill the government’s coffers and pad the plaintiff’s lawyers’ pockets.
• Worth noting: Baltimore filed a similar lawsuit in 2022 against six cigarette manufacturers, citing their role in littering plastic fiber cigarette filters. The case remains active and recently returned to the Circuit Court for Baltimore City following a federal judge’s decision.
• What about Texas? A 2023 bill would have created guardrails to help courts determine the type of cases to which public nuisance lawsuits do not apply. TLR intends to pursue similar legislation in the 2025 session.

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