Gelbspan v. Pepsico: Class Action Lawsuit Against Pepsi and Walmart

Brief

In early 2025, the Federal Trade Commission initiated a complaint against PepsiCo for comparable pricing practices under the Robinson-Patman Act; however, the case was dismissed before reaching trial. On December 15, 2025, a proposed nationwide class action lawsuit was filed in the U.S. District Court for the Southern District of New York. The lawsuit alleges that PepsiCo, Inc. and Walmart Inc. engaged in longstanding anticompetitive behavior that violates federal antitrust laws. The complaint asserts that these companies employed unfair pricing practices, granting Walmart an undue advantage over its competitors, ultimately detrimental to consumers.