The self-proclaimed creator of Flamin’ Hot Cheetos is suing Pepsi to end what he calls a “smear campaign” against the narrative that he invented the ultra-spicy snack.
Richard Montañez has launched a multimillion-dollar lawsuit in California against Frito Lay and Pepsi in which he alleges racial discrimination, defamation, fraud and unfair competition.
Montañez was a janitor at Frito Lay in 1991 when he says he invented Flamin’ Hot Cheetos and then pitched it to the company.
“Armed with nothing but a $3 tie, a prototype and entrepreneurial spirit, he requested and received a meeting with none other than the Frito-Lay/Pepsi Co CEO himself, Roger Enrico,” the lawsuit states.
Richard Rodriguez/Getty Images
“Mr. Montañez pitched his product directly to Mr. Enrico and a group of Frito-Lay/PepsiCo’s top executives. They loved it.”
Chip company Frito Lay is a subsidiary of Pepsi.
The new chip was a major success, especially in the Latino community.
Montañez also states in his lawsuit that he continued to develop other products such as Flamin’ Hot Popcorn and Lime and Chili Fritos.
It also states that in 2000 he was appointed as business development manager in Southern California and rose to become Pepsi’s vice president of multicultural marketing and sales.
He became something of a celebrity and left Pepsi in 2019 to become a full-time motivational speaker, earning between $10,000 and $50,000 per speech, the lawsuit claims.
He published a memoir in 2021 that was adapted as the comedy drama Flamin’ Hot. Eva Longoria acted in, and directed, the film. One of the songs from the film, The Fire Inside, was nominated for an Oscar.
However, Montañez claims Frito Lay/Pepsi is now engaged in an “inexplicable smear campaign,” to distance him from the product, in part because of a “tsunami of false and defamatory media coverage.”
That related to a 2021 investigation by the Los Angeles Times, which strongly suggests it is an “urban legend” created by Montañez and Frito Lay.
The newspaper report says it was told researchers in the company were already perfecting a hot tortilla chip when he approached the company with his idea and that Frito Lay staff came up with the “Flamin’ Hot” title, not Montañez.
It suggests that the company went along with Montañez’s self promotion because it was good for business.
Newsweek sought email comment from Frito Lay Pepsi and from Montañez’s attorney on Tuesday.
Montañez is now seeking a jury trial at California Superior Court. He is also seeking damages and an injunction preventing Frito-Lay and Pepsi from claiming that he didn’t invent Flamin’ Hot Cheetos.
“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” Montañez said in a statement. “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.”
He claims that demand for his speaking engagements has gone down since the company distanced itself from him following the LA Times article. “His livelihood and mental health have directly suffered as a result,” the lawsuit states.
The original story by the LA Times stated: “Montañez did not respond to multiple requests for comment via email, phone, direct message, attempts to reach him through a publicity agent, and questions delivered to a family member at a home listed in Montañez’s name.”
Also, after initial publication of the story, Montañez posted a video to his Instagram account, addressed to “all you young leaders,” which the newspaper quoted. The video is no longer available.
