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The creator of Flamin’ Hot Cheetos wants Pepsi Co. and Frito-Lay to stop their “smear campaign” claiming he didn’t create the spicy snack food.
Richard Montañez has filed a lawsuit against Pepsi Co. in which he alleges that he was the victim of fraud, racial discrimination, defamation, and violations of California’s unfair competition law.
“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” said Montañez, 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.”
Montañez, who was once a janitor at Frito Lay before climbing the ranks to become a senior executive at Pepsi, said he created “Flamin’ Hot Cheetos” in 1992.
The spicy snack became a “multi-billion-dollar product line for Pepsi,” that simultaneously addressed the Hispanic community and propelled Montañez further into the spotlight.
So much so that Montañez, who is also an author, now charges roughly $50,000 a pop for every speech engagement. His “rags to riches” life story was chronicled in last year’s comedy and drama movie “Flamin’ Hot.” The 2023 critically acclaimed film, which stars actress Eva Longoria, went on to win several awards, including best feature film.
But even so, Montañez wants Pepsi to stop its “inexplicable smear campaign,” in part because the “tsunami of false and defamatory media coverage,” has severely impacted his career as a speaker, and has led to cancelled engagements, book deals, and a documentary. Media coverage of Montañez includes a 2021 investigation by the LA Times, which challenged the Flamin’ Hot Cheetos creation story, citing interviews with former Frito-Lay employees, corporate records, as well as a statement from Frito-Lay.
Montañez is seeking a trial by jury, damages, restitution, and an order that prevents Pepsi and Frito-Lay from claiming he is not the creator of Flamin’ Hot Cheetos.