PepsiCo Lawsuit: What Is Pending, What Settled, What You Can Do
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The PepsiCo lawsuit most people mean is the soda price-fixing case: consumers and stores claim Pepsi and Walmart kept Pepsi prices higher everywhere except Walmart. Ten related suits are consolidated in federal court in White Plains, New York. As of October 6, 2026 there is no settlement and no claim form. A newer suit over Siete and Tostitos “Avocado Oil” chips was filed on August 31, 2026.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Say
Soda pricing (the big one). On January 17, 2025 the FTC sued PepsiCo under the Robinson-Patman Act, alleging it gave Walmart pricing advantages its rivals did not get. The FTC dropped that case in May 2025. Private plaintiffs then picked up the theory. The class actions allege that Pepsi, since at least 2018, “policed” retail prices at Walmart's competitors and raised wholesale prices on stores that undercut Walmart — so shoppers paid more for Pepsi soft drinks at other retailers. PepsiCo disputes the allegations and has said it will defend itself vigorously.
Avocado oil chips. A proposed class action alleges that Siete Kettle Cooked Sea Salt Potato Chips Made with Avocado Oil, Siete Maiz Sea Salt Corn Tortilla Chips Made with Avocado Oil and Simply Tostitos Sea Salt & Avocado Oil Tortilla Chips contain a blend of other oils. It relies on a 2026 University of California Davis study that, per the complaint, found the oil “lacked the chemical composition of authentic avocado oil.”
Plastic pollution. New York State, Baltimore, Los Angeles County and the U.S. Virgin Islands have sued PepsiCo alleging its packaging contributes to plastic pollution. These are government cases; individuals are not class members.
Case Details
Soda pricing: the first consumer case, Gelbspan v. PepsiCo, Inc., No. 7:25-cv-10397, was filed December 15, 2025 in the U.S. District Court for the Southern District of New York and assigned to Judge Cathy Seibel (docket). By February 2026 ten related cases were consolidated for pretrial purposes under Giannasca v. PepsiCo, Inc., No. 7:25-cv-06440, now captioned In re Branded Beverage Antitrust Litigation. Other member cases include Donovan v. PepsiCo, Inc., No. 7:25-cv-10571, and a direct-purchaser suit by Redner's Markets.
Avocado oil chips: Golden v. PepsiCo, Inc., No. 7:26-cv-07389, filed August 31, 2026 in New York federal court under New York General Business Law.
Plastic cases: state courts in New York (Erie County), Baltimore City and Los Angeles County, and the Superior Court of the U.S. Virgin Islands (St. Croix).
Status of Each Case as of October 6, 2026
Avocado oil chips — early stage. Filed August 31, 2026; no ruling, no settlement.
New York plastic case — on appeal. Dismissed November 8, 2024; the Attorney General filed an appeal brief with the Appellate Division, Fourth Department on January 6, 2026.
Baltimore — one claim left. All claims except public nuisance were dismissed with prejudice on July 21, 2025. PepsiCo reported that oral argument on that claim was scheduled for its quarter ending September 5, 2026; we found no published ruling.
Los Angeles County — pending. Filed October 29, 2024; Pepsi Bottling Ventures was dismissed from it on May 21, 2025.
Virgin Islands — pending. Sent back to territorial court on March 23, 2026.
EEOC disability case — settled April 15, 2026. PepsiCo Beverage Sales paid $270,000 to one former employee under a two-year consent decree. No claims process; it is closed for the public.
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Could You Be Part of a PepsiCo Case?
Pepsi soft-drink buyers. The proposed classes cover people and businesses that bought Pepsi soft drinks; the complaints allege inflated prices at retailers other than Walmart. The complaints point to conduct going back to at least 2018, and the indirect-purchaser claims are tied to specific states. Nothing is certified yet, so nobody is a class member today. You do not need to sign up to stay eligible.
Avocado oil chip buyers. The Golden complaint seeks a class of U.S. consumers who bought the named Siete or Simply Tostitos avocado oil chips. Again: proposed only.
Practical step: if you buy Pepsi products or these chips regularly, store receipts and loyalty-card histories are the kind of proof settlements sometimes ask for. Keep them — but do not send them to anyone now.
Any future settlement in these cases would be listed on our open class action settlements page once a court approves notice. For the PepsiCo-owned oat brand, see the Quaker Oats lawsuit page.
Is There Money Right Now?
How cases like this one end
Our copy of the federal courts’ own case database covers 80,165 other statutory actions casesclosed in U.S. federal district courts between 2015 and 2025, 11.8% of them filed as class actions:
- 26% ended in a settlement recorded by the court. Another 22.4% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 26% and 48.4%.
- 7.4% were decided on a motion before any trial.
- 1 in 155 reached a trial (0.6%), after a median of 22 months.
- Median time from filing to the end of the case: 5 months.
- Only 1,717 of them (2.1%) record a money award at all; the median of those is $195,000.
These are base rates for this type of case (federal other statutory actions cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
PepsiCo Lawsuit Timeline
- 1
November 15, 2023 — New York Sues Over Plastic
The New York Attorney General sues PepsiCo and Frito-Lay over plastic pollution. The trial court dismisses it on November 8, 2024; the state appeals.
- 2
January 17, 2025 — FTC Pricing Case
The FTC sues PepsiCo over alleged Walmart pricing advantages. It voluntarily dismisses the case in May 2025.
- 3
December 15, 2025 — Consumer Class Action
Gelbspan v. PepsiCo (7:25-cv-10397) is filed against PepsiCo and Walmart in the Southern District of New York. More suits follow, including Donovan on December 19, 2025.
- 4
March 18, 2026 — Leadership Appointed
The court, which had consolidated ten cases by February 2026, appoints interim class counsel for three tracks under In re Branded Beverage Antitrust Litigation.
- 5
April 15, 2026 — EEOC Settlement
PepsiCo Beverage Sales settles an EEOC disability suit for $270,000 to a blind former employee, plus an accessibility consultant for its Winston-Salem facility.
- 6
August 31, 2026 — Avocado Oil Chips Suit
Golden v. PepsiCo (7:26-cv-07389) challenges Siete and Simply Tostitos avocado oil labels. As of October 6, 2026 no PepsiCo consumer case has a settlement.
Three Things to Watch For
Big brand, widely bought product, no claim form yet — that combination draws imposters:
“Claim your Pepsi–Walmart soda refund”
There is no settlement in the soda price-fixing case, so there is no refund site. A page asking for your card number or Social Security number to “reserve your share” is collecting data, not filing a claim.
“FTC Pepsi refund” messages
The FTC dismissed its PepsiCo case in May 2025 and never ordered refunds. A text or email promising FTC money from Pepsi is false, whatever logo it carries.
Paying to join the chips or soda class
Class actions never charge a fee to be included. If a certified class or settlement comes, notice comes from a court-appointed administrator — not from an ad asking for a payment or a gift card.
PepsiCo Lawsuit — Questions People Actually Ask
What is the PepsiCo lawsuit in the news?
Mostly the soda price-fixing case. Consumers and retailers allege PepsiCo and Walmart kept Pepsi soft-drink prices higher at other stores. Ten related suits are consolidated as In re Branded Beverage Antitrust Litigation in federal court in White Plains, New York.
Is there a PepsiCo settlement I can file a claim in?
Not as of October 6, 2026. None of the pending consumer cases has a settlement, a fund or a claim form. If that changes, a court-approved notice will name the administrator and the deadline.
Did the FTC win anything against Pepsi?
No. The FTC filed its pricing case on January 17, 2025 and voluntarily dismissed it in May 2025. The private class actions are separate and continue.
I bought Pepsi at Target or a grocery store. Am I included?
Possibly, if a class is certified. The proposed classes cover buyers of Pepsi soft drinks, with time periods and states that differ by track; the complaints allege inflated prices at retailers other than Walmart. Nothing is certified yet, and you do not need to register anywhere.
What is the avocado oil chips lawsuit?
Golden v. PepsiCo, filed August 31, 2026, alleges certain Siete and Simply Tostitos chips labeled with avocado oil contain other oils, citing a 2026 UC Davis study. PepsiCo has not been found liable; no ruling has been reported.
What about the plastic pollution lawsuits?
New York, Baltimore, Los Angeles County and the U.S. Virgin Islands have sued. New York's case was dismissed and is on appeal; Baltimore is down to one claim; the others are pending. They are government cases and do not pay individuals.
Did PepsiCo settle an employment case?
Yes. On April 15, 2026 PepsiCo Beverage Sales settled an EEOC disability suit, paying $270,000 to a blind former employee and agreeing to work with an accessibility consultant under a two-year consent decree.
What should I do right now?
Nothing is required. Keep receipts if you buy these products, ignore anyone asking for a fee or your Social Security number, and check back here for a court-approved notice.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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