The debate over the true creator of Flamin’ Hot Cheetos is intensifying.
Richard Montañez, who asserts that he is the originator of the famous snack, has filed a lawsuit against PepsiCo, the parent company of Frito-Lay, after they claimed he is not the product's true inventor.
Whether you’ve been following this spicy saga from the beginning or are just tuning in, here’s a breakdown of what you need to know as the case progresses.
The Lawsuit Details
Montañez filed his lawsuit against PepsiCo on July 18 in the Superior Court of California in San Bernardino.
Court documents indicate that Montañez accuses PepsiCo and Frito-Lay of fraud, racial discrimination, defamation, and violations of California’s unfair competition law.
The plaintiff alleges that PepsiCo and Frito-Lay have engaged in a “smear campaign” against him, making “false and misleading statements” to the Los Angeles Times, resulting in a “defamatory article” in 2021 that suggested he didn’t invent Flamin’ Hot Cheetos.
The lawsuit states, “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 a result.”
Montañez claims that before the Los Angeles Times article, he was a sought-after public speaker but has since “lost numerous partnerships and seen a significant decrease in bookings.”
The lawsuit further alleges that PepsiCo violated California’s Unfair Competition Law by “defaming Mr. Montañez as being untruthful and lacking integrity regarding his creation of Flamin’ Hot Cheetos.”
The lawsuit asserts that PepsiCo misled the public about their acknowledgment of Montañez—a Mexican man who rose from humble beginnings to a senior executive level at PepsiCo—as the inventor of Flamin’ Hot Cheetos. Their long-standing support for Montañez’s story helped build a loyal consumer base, particularly among Hispanic consumers, who were deceived into believing PepsiCo and Frito-Lay stood by Montañez. The sudden discreditation of Montañez has harmed consumers and Montañez himself.
Montañez is seeking damages, restitution, and an order preventing both companies from denying his role as the true creator of Flamin’ Hot Cheetos. His legal team at Ellis George LLP is requesting a jury trial.
Who is Richard Montañez?
Montañez, a former Frito-Lay janitor, claims to have pitched the idea for chile-covered Cheetos to an executive. However, in 2021, PepsiCo and Frito-Lay disputed his involvement.
“Our records do not show that Richard was involved in any capacity in the Flamin’ Hot test market,” Frito-Lay stated to the Los Angeles Times. “We have interviewed multiple personnel who were involved in the test market, and all of them indicate that Richard was not involved.” The company added, “This doesn’t mean we don’t celebrate Richard […] but the facts do not support the urban legend.”
Montañez retired in 2019 and has since published two memoirs. His book, “A Boy, A Burrito and A Cookie: From Janitor to Executive,” was adapted into a Hulu film called “Flamin’ Hot,” directed by Eva Longoria.
Montañez's Statement on the Lawsuit
In a press release, Montañez said, “I created Flamin’ Hot Cheetos not just as a product but as a movement. PepsiCo believed in me as a leader, knowing people would follow me because 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 be silenced.”
Eric George, a partner at Ellis George LLP, added, “This complaint speaks for itself, and we look forward to presenting the merits of this case to a jury.”
Response from Frito-Lay and PepsiCo
A spokesperson for both Frito-Lay and PepsiCo stated that the companies are unable to comment on pending litigation.