The Federal Trade Commission voted to dismiss a lawsuit filed in the last days of the Biden administration that accused PepsiCo of offering sweetheart pricing to big retailers.
FTC Chair Andrew Ferguson dissented to the suit when it was filed in January, when he was one of the regulator’s commissioners. Now the agency’s leader, Ferguson on Thursday again criticized the case as “a nakedly political effort to commit this administration to pursuing little more than a hunch that Pepsi had violated the law.”
“The FTC’s outstanding staff will instead get back to work protecting consumers and ensuring a fair and competitive business environment,” he said in a statement.
The FTC voted 3-0 to drop the suit. The panel is supposed to be made up of five commissioners, no more than three of whom can share the same political party. But it is currently led by three Republicans after President Donald Trump fired its two Democratic commissioners in March. The two ousted officials have slammed their removals as illegal and are urging a judge to reinstate them.
Pepsi welcomed the FTC decision Thursday. “PepsiCo has always and will continue to provide all customers with fair, competitive, and non-discriminatory pricing, discounts and promotional value,” a spokesperson said in a statement. Beyond its namesake soda, the company makes an array of snacks and other food products, including Doritos, Rold Gold pretzels and Sabra hummus.
Former FTC Chair Lina Khan, who led the commission when the agency brought its case against Pepsi, criticized the move Thursday as “disturbing behavior” by the agency.
“This lawsuit would’ve protected families from paying higher prices at the grocery store and stopped conduct that squeezes small businesses and communities across America,” she wrote on X Thursday evening. “Dismissing it is a gift to giant retailers as they gear up to hike prices.”
The decision comes little more than a week after top-ranking Democrats on Capitol Hill sent a letter to Pepsi demanding more information about its pricing strategy. They sought to revive a Biden-era focus on price-gouging as a driver of inflation, an argument that has taken a back seat to the Trump administration’s attention on purportedly unfair trade arrangements.
But major corporations continue to draw scrutiny from the White House over pricing in other ways. Last weekend, Trump slammed Walmart for warning that it was likely to raise prices to offset the costs of his import taxes, demanding on social media that it “EAT THE TARIFFS.”
In the days since then, other major consumer brands have appeared to tread cautiously around pricing. Target said Wednesday that charging customers more would be its “very last resort.” Home Depot virtually ruled out price hikes this week, and Lowe’s barely mentioned tariff impacts in its Wednesday earnings call at all.
CORRECTION (May 22, 2025, 8:45 p.m. ET): Due to an editing error, a previous version of this article misstated when congressional Democrats sent their letter to Pepsi. It was on May 11, not last weekend.
