One man is seeking legal action against the company behind Flamin Hot Cheetos, over claims that the company wrongfully denied his involvement in the spicy snacks creation.
Flamin’ Hot Cheetos Fight
A former executive at PepsiCo, the parent company of Frito-Lay, has filed suit against the company over claims that he invented the highly popular Flamin’ Hot Cheetos snack flavor.
Pursuing Serious Allegations
Richard Montenez is pursuing allegations of fraud, defamation, and discrimination against the company, as well as an “order preventing PepsiCo and Frito-Lay from claiming that Mr. Montañez is not the creator of Flamin’ Hot Cheetos.”
62-Page Complaint
Ellis George LLP, a law firm representing Montenez, filed the 62-page complaint on July 18 in California Superior Court, accompanied by a press release on the matter.
Not Just a Product
“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” Montenez said in the release.
“I Will Not Let Them Silence Me”
“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,” he continued. “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.”
Starting With the 2021 Article
The lawsuit was filed in the wake of a 2021 Los Angeles Times article titled “The Man Who Didn’t Invent Flamin’ Hot Cheetos,” where former employees who had worked at Frito-Lay claimed that none of them could recall a time when Montenez pitched an idea resembling the Flamin’ Hot Cheetos product.
Thanks to Multiple People
In an interview with Fox News that same year, representatives of PepsiCo also claimed that the success of the Flamin’ Hot Cheeto’s flavor was the result of multiple people at Frito-Lay, not just one.
Claims of Defamation
These incidents, particularly the LA Times article, helped to form the lawsuit. Montenez described the article as “defamatory” and having a severe negative impact on his post-PepsiCo career.
Lies and Legal Violations
He has accused those former employees, as well as executives of Frito-Lay and Pepsico, of lying about his role in creating the product, and also accused the companies of violating California’s Unfair Competition Law.
Impact on Livelihood and Mental Health
“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,” the lawsuit reads.
Acknowledging His Contribution
However, the company did not deny Montenez’s involvement in the product’s success. They acknowledged his “remarkable 40-plus-year career” and the invaluable insights that “directly resulted in the success of Flamin’ Hot Cheetos.”
Core Part of His Brand
Montenez has spent years building a public image and personal brand based on his rags-to-riches story, and developing the famous Flamin’ Hot Cheetos flavor was a core part of that image and brand.
From Rags-to-Riches
The child of Mexican immigrants, he started his career at Frito-Lay working as a janitor in 1977 before working his way up to a machine operator position and then to an executive position with the company.
Autobiography Published
He even wrote an autobiography titled “A Boy, A Burrito and A Cookie: from Janitor to Executive,” which was later adapted into a feature-length film called Flamin’ Hot.
Experimenting With Cheeto Seasoning
In the autobiography, Montenez described taking a batch of unflavored Cheeto’s home and dusting them with chili powder, in an attempt to recreate a famous Mexican grilled corn snack.
Pitch to the CEO
He then described pitching a potential spicy Cheeto flavor to PepsiCo CEO Roger Enrico in 1991, and the Flamin’ Hot Cheeto product was released just one year later.
Career Damage
Montenez has claimed that Frito-Lay and PepsiCo’s repeated denial that he created the flavor, as well as the 2021 LA Times article, have all culminated in a significant loss of revenue and a major blow to his public image.
Public Speaker
Prior to the article, the former executive was reportedly in high demand for speaking engagements based on his business experience and was earning as much as $50,000 per engagement.
Lost Bookings and Partnerships
Since the 2021 article was published, he maintains that he has lost “numerous partnerships” and has suffered a “significant decrease in bookings.”
No Comments Yet
So far, neither PepsiCo nor Frito-Lay have provided comments on the lawsuit or recent allegations, and the Los Angeles Times has also declined to comment.
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The content of this article is for informational purposes only and does not constitute or replace professional financial advice.
