On January 17, 2025 the Federal Trade Commission sued PepsiCo, Inc. (Pepsi) alleging that the second-largest food company in the world has engaged in illegal price discrimination by providing one customer whose name was redacted—believed to be Walmart—with unfair pricing advantages, while raising prices for competing retailers and customers.
PepsiCo owns popular food and beverage brands such as Pepsi, Gatorade, Mountain Dew, Tropicana, Quaker Oats, Lays, Doritos, and others.
PepsiCo's alleged practices, which violate federal and state antitrust law, disadvantaged retailers—ranging from large grocery chains to independent, local convenience stores—who compete with one of its largest big box customers by consistently giving that favored large, big box retailer customer key benefits and advantages, such as promotional payments, while denying those same benefits to its competitors. Then-FTC chair Lina M. Khan issued the following statement in connection with the lawsuit:
“When firms like Pepsi give massive retailers a leg up, it tilts the playing field against small firms and ultimately inflates prices for American consumers ... [t]he FTC’s action will help ensure all grocers and other businesses—no matter the size—can get a fair shake and compete on the merits of their skill, efficiency, and talent.”
SGT is investigating whether consumers who allegedly overpaid for PepsiCo products have viable class action claims for overpayment as a result of the conduct alleged by the FTC.
If you purchased a PepsiCo product such as Pepsi, Gatorade, Mountain Dew, Tropicana, Quaker Oats, Lays, Doritos or others and are interested in suing PepsiCo on behalf of yourself and others as a class action representative, fill out your information in the "Contact Us" form to the right and include the product(s) you purchased, the approximate date of purchase, and the the retailer you purchased from.
Someone from our office will review your submission and may reach out for additional information if we deem it appropriate.
