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pepsico
Lina Khan Calls Republican FTC's Decision to Drop PepsiCo Suit 'Disturbing Behavior'
"This meritless dismissal is a win for monopolists and billionaires," said the senior legal counsel for the American Economic Liberties Project.
May 23, 2025
The U.S. Federal Trade Commission on Thursday dismissed a price discrimination lawsuit against the drink and food giant PepsiCo, a move that former FTC Chair Lina Khan, who served under former President Joe Biden, called "disturbing behavior."
The lawsuit, filed only a few days before U.S. President Donald Trump returned to the White House, accused PepsiCo of providing a big box retailer customer, Walmart, with pricing advantages, while increasing prices for competing customers and retailers.
"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," Khan wrote on X on Thursday. "Dismissing it is a gift to giant retailers as they gear up to hike prices."
The three members of the FTC, all Republicans, voted 3-0 to drop the suit. Current FTC Chair Andrew Ferguson, who was named chairman by Trump, cast the lawsuit as a "nakedly political effort to commit this administration to pursuing little more than a hunch that Pepsi had violated the law." He also said that the FTC under Biden "rushed to authorize the case." Ferguson also opposed the lawsuit when the FTC first voted to pursue it.
Antimonopoly groups were quick to criticize Thursday's move.
"This meritless dismissal is a win for monopolists and billionaires," said Lee Hepner, senior legal counsel at the American Economic Liberties Project, in a statement on Thursday. "Adding insult to injury, the agency dropped the case just one day before the parties were due to justify extensive redactions in the complaint, denying the public the ability to review the facts and judge the merits for themselves. This is a corporate pardon for Walmart and PepsiCo."
Open Markets legal director Sandeep Vaheesan said the move illustrates that despite their rhetoric, the current FTC commissioners are "not willing to faithfully apply the law enacted by Congress."
Stacy Mitchell, co-director at the Institute for Local Self-Reliance, which is an advocate for independent businesses, called it "effectively an endorsement of the predatory tactics Walmart uses to crush local grocery sores, create food deserts, and drive up prices."
The agency had sued PepsiCo under the Robinson-Patman Act, a 1936 law intended to prevent price discrimination but has been little used in recent decades.
The announcement of the dropped lawsuit came the same day it was reported that the FTC is investigating the progressive watchdog group Media Matters for America over potential coordination with other groups, including the Global Alliance for Responsible Media, which was a World Federation of Advertiser initiative. Media Matters president Angelo Carusone confirmed in a statement to Axios that the investigation is over claims Media Matters and other groups coordinated advertising boycotts of the social media site X.
X's owner, billionaire Elon Musk, who has played a core role in the Trump administration, has ongoing lawsuits against both the World Federation of Advertisers and Media Matters.
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'Shrinkflation' Playing Crucial Role in Rising Prices, Corporate Profits: Analysis
"While shrinkflation is not new, it is arguably the most deceptive pricing practice companies use," reads the report.
Mar 06, 2024
Executives in corporate earnings meetings call it "price pack architecture," but economic justice advocates, Democrats in Congress, and in recent days, Cookie Monster of "Sesame Street" have a different term for companies' practice of reducing the weight or size of a product while charging the same amount for it: shrinkflation.
Major corporations like PepsiCo and Utz have not only kept prices high even as pandemic era supply chain and labor issues have eased—a practice recognized as "greedflation"—but have also increasingly been reducing the size of products like snacks, drinks, and even essentials like toilet paper rolls, a new analysis from Groundwork Collaborative shows.
"While shrinkflation is not new, it is arguably the most deceptive pricing practice companies use and has come under renewed scrutiny as Americans face grocery prices 25% higher than prior to the pandemic," reads the report, titled Big Profits in Small Packages. "We find that as much as 10% of inflation in key product categories can be attributed to shrinkflation."
Companies have claimed to customers that shrinking goods is for the public good, with General Mills telling NPR that reducing its "family size" cereal boxes from 19.3 ounces to 18.1 ounces without reducing the cost would allow for "more efficient truck loading leading to fewer trucks on the road and fewer gallons of fuel use, which is important in... reducing global emissions."
To investors, though, executives made no mention of wanting to reduce fuel use or emissions from transportation in a 2021 earnings call, saying the strategy was simply aimed at managing the company's "list pricing" and "promotional optimization," according to Groundwork's report.
"In quarterly earnings calls with investors and analysts, corporate executives are candid about their future plans to downsize product quantities by playing with 'price pack architecture', as well as the profits they plan to derive from doing so," reads the report.
One French grocery chain pulled PepsiCo's snack and drink products from its shelves in January due to its pricing practices after having issued a warning to companies about shrinkflation. In the U.S., however, the company told reporters in 2022, "We took just a little bit out of the bag so we can give you the same price, and you can keep enjoying your chips."
"During this period of high inflation, where rising prices are putting a squeeze on household budgets, shrinkflation just adds insult to injury," said Lindsay Owens, executive director of Groundwork Collaborative and author of the report.
Former Labor Secretary Robert Reich recently pointed to a number of examples of shrinkflation in popular products, including the shrinking of PepsiCo's 32-ounce Gatorade bottle to just 28 ounces for the same price and Nabisco's decision to provide 12% less product in its family size box of Wheat Thins.
The report identified Kimberly-Clark, the maker of diapers, sanitary products, toilet paper, and other personal care products that are essential to millions of families, as a "repeat shrinkflation offender."
CEO Mike Hsu reasoned on a 2023 earnings call that the company can easily get away with shrinking their products since customers have no choice but to use them.
"If the price goes up on bath tissue, generally doesn't mean you're going to use the bathroom less, right?" Hsu said regarding its decision to provide smaller rolls in its Cottonelle toilet paper packages and to make its Scott toilet paper, as Groundwork found, "thinner and rougher with 20% less paper fiber."
Shrinkflation, along with greedflation and the use of algorithms to determine pricing, have made it "increasingly clear that prices are untethered from market fundamentals and instead largely reflect a company's market and pricing power," Owens said late last month.
The group called on Congress to pass the Shrinkflation Prevention Act, which was introduced last month by Sen. Bob Casey (D-Penn.) and would require the Federal Trade Commission (FTC) to classify shrinkflation as an unfair or deceptive practice and regulate it as such. The FTC and state attorneys general would be authorized to confront companies' use of shrinkflation in civil actions.
Groundwork also urged lawmakers to reform the tax code in order to disincentivize companies from using shrinkflation and other "aggressive pricing strategies."
The Institute on Taxation and Economic Policy found in a recent report that some of the biggest companies practicing shrinkflation paid "incredibly low effective tax rates" between 2018-22, thanks to former President Donald Trump's Tax Cuts and Jobs Act.
"Companies will have less incentive to overcharge customers," said Groundwork, "if they have to ship a greater share of the spoils to the Treasury Department."
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Top US Companies Admit to Hiking Prices to Pad Their Profits: Analysis
"After an unprecedented 10 interest rate hikes in a row, it's clear the corporate profiteering epidemic will persist no matter how many times the Fed doubles down," said Liz Zelnick of Accountable.US.
Jun 13, 2023
An analysis released Tuesday shows that executives at some of the top publicly traded companies in the United States aren't exactly being coy about using their pricing power to hike costs for consumers and boost revenues and profits—which are then dished out to wealthy shareholders.
The progressive watchdog group Accountable.US noted in its new report that "some of the largest general consumer S&P 500 companies have admitted to benefiting from increased prices as their net profits increased year-over-year and they rewarded shareholders with billions in handouts."
The report quotes directly from the executives of Kimberly-Clark, PepsiCo, General Mills, Tyson Foods, and other major U.S. companies.
Nelson Urdaneta, Kimberly-Clark's chief financial officer, said during the company's earnings call in April that "pricing has continued to be the big driver behind our top-line growth over the last three quarters."
The company, which sells consumer products such as toilet paper and diapers, "saw its [fiscal year] 2022 net income increase 6.3% year-over-year to nearly $2 billion and rewarded shareholders with $1.7 billion in stock buybacks and dividends," Accountable.US found.
On Tyson's earnings call in February, chief financial officer John Tyson hailed the "significant pricing power of our portfolio, with a year-over-year increase of 7.6%." Tyson stressed that the company will "continue to support and grow the dividend for our shareholders."
According to Accountable.US, Tyson "saw its net income increase from $3 billion in FY 2021 to over $3.2 billion in FY 2022 and rewarded shareholders with $1.35 billion in handouts—$652 million more than the previous year, including a 948.5% increase in stock buybacks."
"Corporate greed is a stubborn thing and requires serious action from Congress."
The new analysis came shortly after the Bureau of Labor Statistics released data showing that the consumer price index rose 4% in May compared to the previous year, the smallest increase since 2021.
Further evidence of cooling inflation sparked a fresh round of calls for the Federal Reserve to stop hiking interest rates before it pushes the economy into recession. The Fed is widely expected to announce Wednesday that it is pausing rate increases for the month of June, but it could resume the hikes as soon as the following month.
"The Fed should not only pause tomorrow but pause going forward and see how these 10 rate hikes play out," Rakeen Mabud, chief economist at the Groundwork Collaborative, said in an appearance on Yahoo Finance Tuesday morning.
Liz Zelnick, director of economic security and corporate power at Accountable.US, said in a statement that "after an unprecedented 10 interest rate hikes in a row, it's clear the corporate profiteering epidemic will persist no matter how many times the Fed doubles down."
The New York Timesreported late last month that even as the prices of key raw materials have fallen in recent months, "many big businesses have continued raising prices at a rapid clip" and signaled that "they do not plan to change course"—which helps explain data showing that U.S. corporate profits rose to a record level in the first quarter of 2023.
"PepsiCo has become a prime example of how large corporations have countered increased costs, and then some," the Times noted. "Hugh Johnston, the company's chief financial officer, said in February that PepsiCo had raised its prices by enough to buffer further cost pressures in 2023. At the end of April, the company reported that it had raised the average price across its snacks and beverages by 16% in the first three months of the year. That added to a similar price increase in the fourth quarter of 2022 and increased its profit margin."
Zelnick said Tuesday that "higher interest rates haven't stopped S&P companies, especially in the Big Food industry, from inflating consumer prices despite reporting billions in extra net earnings and over a trillion dollars in giveaways to wealthy investors."
"Corporate greed is a stubborn thing and requires serious action from Congress," she added. "The Fed has not seen an adequate return on its investment in a policy that has already created fissures in the economy that could lead to recession. It's just not worth it."
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