An ongoing debate over who invented Flamin’ Hot Cheetos is heating up.
Richard Montañez, the man who claims to be the brains behind the popular snack, has now filed a lawsuit against PepsiCo, the parent company of Frito-Lay, after the companies alleged he is not the true creator of the product.
Whether you’ve been following the spicy saga all along or are just learning about it, we’re breaking down everything you need to know as the case unfolds.
Montañez filed a lawsuit against PepsiCo on July 18 in the Superior Court of the State of California in San Bernardino.
Court papers obtained by TODAY.com claim that Montañez was the victim of fraud, racial discrimination, defamation and violations of California’s unfair competition law.
The plaintiff alleges that PepsiCo and Frito-Lay have launched a “smear campaign” against him and made “false and misleading statements” to the Los Angeles Times that resulted in a “defamatory article” in 2021 suggesting he didn’t invent Flamin’ Hot Cheetos.
“Defendants’ false statements concerning Mr. Montañez have made the public, and potential business partners, distrustful of him and his narrative. His livelihood, and mental health, have directly suffered as result,” the lawsuit reads.
Elaborating on the matter, the papers detail how Montañez was working as a public speaker prior to the release of the Los Angeles Times article and he has since “lost numerous partnerships, and seen significant decrease in bookings.”
The lawsuit alleges that PepsiCo violated California’s Unfair Competition Law in multiple ways, including “defaming Mr. Montañez as being untruthful and lacking integrity regarding his creation of Flamin’ Hot Cheetos.”
“Defendants deceived the public as to their recognition of Mr. Montañez—a Mexican man from humble origins who advanced to the senior executive level at PepsiCo—as the inventor of Flamin’ Hot Cheetos. Their longtime support for Mr. Montañez’s story helped build up fervent consumer base, especially among Hispanic consumers, who were deceived into believing that PepsiCo and Frito-Lay stood by Mr. Montañez and afforded Defendants additional goodwill as result. Defendants’ sudden discreditation 0f Mr. Montañez after years of supporting his story has harmed consumers and Mr. Montañez,” the lawsuit reads.
Montañez is seeking damages, restitution and an order that prevents both companies from saying that he is not the true creator of Flamin’ Hot Cheetos. Montañez’s legal team at Ellis George LLP is seeking a jury trial.
Montañez is a former Frito-Lay janitor who worked his way up to the executive team. He has claimed that he pitched the idea for chile-covered Cheetos to an executive. But, in 2021, PepsiCo and Frito-Lay claimed otherwise.
“None of our records show that Richard was involved in any capacity in the Flamin’ Hot test market,” Frito-Lay wrote in a statement to the Times at the time. “We have interviewed multiple personnel who were involved in the test market, and all of them indicate that Richard was not involved in any capacity in the test market.” The company continued, “That doesn’t mean we don’t celebrate Richard […] but the facts do not support the urban legend.”
After he retired in 2019, Montañez released two memoirs. His memoir, “A Boy, A Burrito and A Cookie: from Janitor to Executive,” was adapted into a Hulu film called “Flamin’ Hot“ directed by Mexican American actor Eva Longoria.
In a press release, Montañez shared the following statement:
“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” he said. “PepsiCo believed in me as a leader because they knew people would follow me, and they did because they knew my soul is my community. We built this into a $2 billion industry, and I cannot let them take away my legacy or destroy my reputation. I will not let them silence me.”
Eric George, a partner at Ellis George LLP, shared the following statement in the same press release: “This complaint speaks for itself, and we are looking forward to presenting the merits of this case to a jury.”
A spokesperson for both Frito-Lay and PepsiCo tells TODAY.com the companies are unable to comment on pending litigation.
This article was originally published on TODAY.com
