Lina Khan, Chair of the Federal Trade Commission (FTC), speaking at a July 13, 2023 hearing of the House Judiciary Committee. Michael Brochstein/ZUMA
On October 26th, Donald Trump promised that “WHEN I’M PRESIDENT THE MCDONALD’S ICE CREAM MACHINES WILL WORK GREAT AGAIN!” But it is Lina Khan, Chair of the Federal Trade Commission, who, earlier today, announced she had actually done something about it.
The day before Trump’s proclamation, the United States Copyright Office announced a new copyright exemption that will grant some small business owners and franchisees—such as those operating the 13,000 McDonald’s in the United States—the “right to repair” the machinery within their own shops. Back in March, the FTC submitted a comment to the US Copyright Office asking to extend the right to repair certain equipment, including commercial soft-serve equipment.
The saga is in miniature a good example of how to potentially combat Trumpism. There is a problem: To many, the McDonald’s soft-serve extruders of this great nation seem perpetually broken (a fact that McDonalds itself has acknowledged). Trump vaguely promised to do something about it. Khan—on the vanguard of a new class of anti-monopolistic Democrats—moved aggressively to try to push a change unpopular with business interests, solve the problem, and get you ice cream more easily.
The new ruling could be a game-changer for drive-through employees, too. They often contend with rageful customers over broken devices. “Victory is sweet,” wrote Elizabeth Chamberlain of iFixIt. “This is a big win—and we’ll be celebrating with ice cream!—but copyright law still needs fixing before we’re free to fix everything we own.”
McDonald’s soft serve machines are manufactured by the Taylor Company. Since 1956, those soft-serve machines could only be legally repaired by Taylor Company licensed technicians—and if anyone without that license attempted to repair the machines, they voided the warranty. That, the FTC said, squashes competition for replacement parts and for repair technicians.
It shows Khan’s knack for proving the government can do things to help make life suck less. And it is a window into how Khan has used the FTC to respond to American grievances.
In 2020, an independent developer scraped data from delivery apps to create a constantly updating map of broken and unbroken ice cream machines. (Called McBroken, it showed that 32 percent of all McDonald’s soft serve machines were out of order at the time of this writing.) In 2021, the FTC launched an inquiry that showed that the broken ice cream machine memes populating the internet contain a grain of truth. When they asked franchisees about the issue, they called the devices overly complicated and hard to fix. In 2023, iFixit, a DIY-focused website and tools retailer, published a breakdown of the machine’s “easily replaceable” parts which frequently break, and which McDonald’s workers were nonetheless forbidden to replace themselves. It seems simple and unspectacular when you lay it out, but the basics are here: hear about a problem, ask why it’s happening, try to find a solution.
Khan has earned a reputation for big moves. She has introduced sweeping crackdowns against companies the FTC considers to be monopolies, such as Amazon, and pushed for consumer-protection interventions like the “click to cancel” rule, designed to make the process of canceling unused gym and magazine subscriptions less arcane. On October 31st, the House Oversight Committee called for her to be replaced, claiming that she is infecting the agency with “left-wing ideology.” Elon Musk tweeted today that “[Khan] will be fired soon.” (Under Musk’s plan for a $2 trillion cut to the federal budget, it’s possible that the FTC would be eliminated entirely.)
Even some Harris-aligned figures, such as billionaires Mark Cuban and Reid Hoffman, have publicly jostled for a less active FTC and to potentially replace Khan.
The ice cream saga may prove why her ways of running the FTC are so valuable.
