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consumer protection
Lina Khan’s FTC Legacy Is A Lesson In Successful Progressive Leadership
Khan’s FTC has scored historic victories for consumers and workers—even as she’s faced powerful industry opposition and obstruction from right-wing judges.
Jan 09, 2025
In June 2021, just months into the Biden era, Zephyr Teachout argued that Lina Khan’s appointment to the Federal Trade Commission “may be the best thing Joe Biden has done” in office. With a firm reputation as a leader in the anti-monopoly movement, her nomination to the FTC was a clear victory for progressives in an administration otherwise primarily staffed by moderates.
Three years on, it’s clear that this optimistic outlook about a Khan-run FTC has been vindicated. In her position, Khan’s FTC has scored historic victories for consumers and workers—even as she’s faced powerful industry opposition and obstruction from right-wing judges.
Understanding the significance of Khan’s tenure means understanding how antitrust enforcement has been sabotaged in recent decades by right-wing ideologues. The federal government adopted antitrust laws beginning in 1890, which would become a crucial tool for reining in corporate abuses for decades to come. But beginning in the 1970s, federal courts would embrace a right-wing reimagining of antitrust law under the guise of promoting “consumer welfare.” Unsurprisingly, this hands-off approach helped create an economy defined by extreme corporate concentration, leading to fewer and worse choices for American consumers.
While the leadership of both agencies are set to change under President-elect Donald Trump, the new merger guidelines mean that Khan’s pro-competition vision will help shape FTC decision-making well past her tenure.
While still in law school, Khan rose to prominence in 2017 for her critique of laissez-faire antitrust enforcement. Given her reputation, observers were quick to speculate on how she’d be able to put her principles to action at the FTC. For one, the commission in recent decades has built a track record of being deferential to the very monopolies it’s tasked to regulate. Additionally, the commission has long suffered from inadequate funding, which has hindered its capacity to police monopolies. But despite these institutional constraints, Khan’s FTC has secured major wins for American consumers, all while facing down hostile corporate actors and their allies in the judiciary.
Monopolistic behavior in the food industry over the past few decades has robbed consumers of choice while increasing grocery costs. Two years ago, grocery giants Kroger and Albertsons announced a massive merger deal that quickly raised alarms among consumer advocates. While such a merger may have gone through unscathed a decade or so prior, the Khan-led FTC filed suit to block the deal. Last month, the FTC won one of its biggest victories in recent years by blocking the merger in court. This victory, along with the FTC’s successful effort to block Tapestry’s acquisition of Capri, shows that Khan’s view of antitrust is increasingly finding support in court.
Sharing jurisdiction on antitrust matters with the Department of Justice (DOJ) Antitrust Division, the two agencies successfully modernized merger guidelines to help identify illegal mergers in their tracks. Observers have credited both the FTC and DOJ Antitrust Division’s aggressive enforcement efforts with a recent decline in merger efforts. And while the leadership of both agencies are set to change under President-elect Donald Trump, the new merger guidelines mean that Khan’s pro-competition vision will help shape FTC decision-making well past her tenure.
These developments, of course, only scrape the surface of the FTC’s accomplishments under Khan. The commission notably blocked an effort by Nvidia to acquire Arm, which was set to be the biggest merger deal in semiconductor industry history. The ultimate failure of Amazon to acquire iRobot, which caused concern among various international antitrust regulators, has been at least partially credited to the FTC’s scrutiny. Among the most meaningful impact of renewed FTC antitrust scrutiny may be felt on private equity firms, a welcome development given said firms’ harms to competition and American society at large.
The Khan-led FTC’s ability to build bipartisan support for efforts such as recent rulemaking on junk fees, as well as on merger guidelines, should be seen as a model for Democratic governance. Moreover, the Khan-led FTC should be applauded for using long-neglected tools at the commission’s disposal, such as its ability to police price discrimination as interlocking directorates.
With Khan set to be succeeded by Andrew Ferguson, Trump’s pick to lead the FTC, it's likely that the FTC will soon shift its approach on antitrust and consumer protection. Nevertheless, it’s clear that Khan will leave behind a legacy that will influence antitrust enforcement for decades to come. And in doing so, Khan will also leave behind a track record that shows what successful progressive governance looks like.
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Carter’s Legacy Will Live on to Inspire Future Generations
He nourished the norms of personal and civic decency, dialogue, truth-telling, and working for a just society, expressing his Christian faith in action.
Jan 01, 2025
Jimmy Carter was the last president to actively open the government for engagement by citizen groups. Right after his November 1976 election, he agreed to address a huge hotel ballroom in D.C. full of local and national citizen advocates. It was a great success never again repeated by succeeding president-elects.
Mr. Carter then chose civic leaders and other solid progressives to head regulatory agencies such as National Highway Traffic Safety Administration, Environmental Protection Agency, Occupational Safety and Health Administration, Federal Trade Commission, and for other high positions in government. He chose the formidable longtime consumer-labor advocate Esther Peterson to be his consumer protection special assistant in the White House. He also supported an independent consumer protection agency which Congress, after a fierce struggle between corporate lobbies and consumer groups, narrowly defeated in 1978. Starting in 1981, Ronald Reagan undermined many Carter Administration health and safety initiatives.
Compare Jimmy Carter’s life with the rancid, corrupt, cowardly politicians spoiling today’s Washington landscapes.
Mr. Carter was also the last president to authentically recognize Palestinian rights and charge the Israeli government with imposing a system of apartheid (“worse than in South Africa,” he said) over Palestine. However, he failed to get Israel to agree to a comprehensive peace settlement, including the creation of a Palestinian state, and had to settle for a peace treaty between Egypt and Israel.
Citizen Carter was easily our greatest former president. For over 40 years his indefatigable work ethic was applied to advancing peace efforts, initiating health programs in developing countries, supervising fair elections overseas and, with Rosalynn, joining Habitat for Humanity as a manual laborer (he was an expert woodworker, among his many skills) to build houses around the country for needy families.
The range of interests expressed through his 32 books and conferences revealed a practical, results-oriented, humble Renaissance man. His compassion and honesty infuse the Carter Center to this day.
He nourished the norms of personal and civic decency, dialogue, truth-telling, and working for a just society, expressing his Christian faith in action.
Compare Jimmy Carter’s life with the rancid, corrupt, cowardly politicians spoiling today’s Washington landscapes.
There are legitimate criticisms of Carter’s foreign and domestic policies that others will examine. But overall, his legacy will live on to inspire future generations of Americans to elevate their expectations and strive toward them with civic dedication and commitment.
I was always in awe of how efficiently he used his time every day—and truly amazed by his relentless productivity. This alone would have been a worthy book by Mr. Carter were it not for his genuine humility.
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Beware the Toxic Chemicals at Dollar Stores
The nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe.
Dec 03, 2024
When shopping for the holidays, most people reasonably assume that products sold in major American retail stores are free of toxic chemicals. After all, harmful substances like lead and mercury have no place in the shopping cart, and regulations must prevent this kind of dangerous exposure, right?
Unfortunately, this is not the case. A recent study revealed that over half of the items tested on dollar stores’ shelves contained toxic chemicals. This includes lead foundin tablecloths, jewelry, and baby toys with known links to brain development harm; phthalates in school supplies, silly straws, and bath toys with links to early puberty in girls, birth defects in the male reproductive system, obesity, and diabetes; BPA in receipts, cookware, and can linings that can affect the brain and prostate gland of fetuses, infants, and children; and PFAS—long-lasting synthetic chemicals—found in popcorn bags that can affect the immune system and liver function.
Just last month Toxic Free Future released their latest Retailer Report Card, which graded Dollar General with a D+ and Dollar Tree/Family Dollar with a D for safety, based on hazardous chemicals in their products, company commitment to transparency, a willingness to change, and how easily customers can tell what substances are on store items.
With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
But for many families, shopping elsewhere isn’t an option. Dollar stores are often the only retailers selling essential household goods, including food, in many rural towns and urban neighborhoods, leaving customers with nowhere else to go. Dollar stores are frequently located in communities that already face multiple health and environmental risk factors, such as industrial pollution from factories or deteriorated drinking water. This means a family’s exposure to chemicals via items purchased at dollar stores is part of accumulated exposures.
Dollar stores’ leadership has been aware for over a decade that their products contain lead, BPA, phthalates, and PFAS, jeopardizing customer health. During this time, environmental justice and public health groups nationwide have advocated for safer products. Investors in these companies have raised concerns directly with management and through shareholder resolutions. Yet, the problem persists. Even this year Dollar Tree knowingly kept lead-contaminated apple sauce on its shelves, putting children in harm’s way. The stores have taken only minimal actions to address a handful of chemicals in some product categories.
To say federal agencies tasked with regulating these products fall short would be an understatement. Many take a “graveyard approach,” acting only after someone has suffered a physical toll. The federal Toxic Substances Control Act is so weak that only a handful of chemicals have ever been restricted, while tens of thousands have been exempted or fast-tracked for approval. With the incoming presidential administration promising to slash health and safety rules, customers and communities will have even fewer protections.
With this lack of protective action on the part of state and federal regulators, we urge dollar stores to do the right thing. In 2023, Dollar General's net sales were over $38 billion, and Dollar Tree’s revenues were over $30 billion. They can afford to stop buying products from suppliers that use toxic chemicals and switch to readily available safer alternatives. Mike Creedon, interim chief executive officer for Dollar Tree, claims, “Safety First, Safety Always is the guiding mantra for our store.” But these are only words when there is no action.
Instead, the nation’s largest dollar stores continually fail to meaningfully strengthen their chemical policies and intervene in their supply chains to keep their shoppers safe. Dollar General failed to expand its list of 19 restricted substances. The list does not include PFAS, most phthalates, and many other chemicals known to cause harm. It also applies only to private-label products. Similarly, Dollar Tree has not publicly documented progress on reducing chemicals or plastics of high concern in the last four years and has made no indication of support for the development or sale of safer products.
Competitors, including Walmart, have already made this change. In 2022, the company disclosed that it removed 37 million pounds of phthalates from products in response to consumer demand, with publicly available corporate policies. Similarly, Apple recently received praise for removing harmful chemicals and plastics from its products and even committed to a Full Material Disclosure program which promises manufacturers full transparency on products’ material compositions. These transitions are increasingly mainstream, and dollar stores are falling further and further behind.
Every family has the right to feel safe while shopping, and with the holidays around the corner, this issue is even more important. Dollar stores should transparently report on their progress and work with their suppliers to prevent all known dangerous chemicals from being used to make products sold in stores. Until this happens, dollar stores are putting already vulnerable communities at risk. Safe alternatives exist, and the transition to non-toxic products is both feasible and cost-effective in the long run. Dollar stores must stop prioritizing profit over families. We refuse to be sacrificed for the bottom line.
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