Former PepsiCo exec files lawsuit over Flamin’ Hot Cheetos origin story

A former PepsiCo executive who claims to have created Flamin’ Hot Cheetos is suing the company for fraud, defamation and discrimination, alleging that his career suffered when his former employer denied that he created the popular snack flavor.

Richard Montañez is seeking an “injunction preventing PepsiCo and Frito-Lay from claiming that Mr. Montañez is not the creator of Flamin’ Hot Cheetos,” the law firm Ellis George LLP said in a press release. The lawsuit was filed in California Superior Court in San Bernardino.

Montañez started out as janitor at Frito-Lay, before being promoted to vice president of sales and multicultural marketing at PepsiCo.

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“I created Flamin’ Hot Cheetos not just as a product, but as a movement and as a loyal CEO. for PepsiCo“Montañez said in a press release.

FOX Business has reached out to PepsiCo for comment.

Montañez’s 1992 idea “became a multibillion-dollar product line for PepsiCo that eventually reached the Spanish-speaking community with tasty and spicy snacks,” stated in the announcement.

Despite Montañez’s story, his claim to be the creator of Flamin’ Hot Cheetos, as detailed in his book “Flamin Hot. The Incredible True Story of One Man’s Rise from Janitor to Top Executive,” sparked controversy in the snack world.

If you ask PepsiCo in 2021, brand origin didn’t fall entirely on Montañez. Instead, he credited “the launch and success of Flamin’ Hot Cheetos and other products to several individuals who worked at PepsiCo at the time,” the company told FOX Business in a statement three years ago.

And while PepsiCo didn’t give Montañez all the credit, the company said his story is “far from being an urban legend.”

“Richard had an extraordinary, 40-plus-year career at PepsiCo and made an incredible impact on our company and employees, and he continues to inspire us today. His insights and ideas on how to better serve Latino consumers were invaluable and directly contributed to the success of Flamin’ Hot Cheetos,” the company said in 2021.

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PepsiCo also noticed that “there is no reason to doubt the stories he shares about taking the initiative to create new product ideas for the Cheetos brand and presenting them to former PepsiCo leaders.”

Cheetos currently has 12 different products, including a Flamin’ Hot flavor.

The lawsuit accuses PepsiCo of participating in a “tsunami of false and defamatory information” “media coverage” which negatively affected Montañez’s relations with the Spanish-speaking community.

The lawsuit seeks a jury trial, compensatory damages and punitive damages.

“I can’t let them take away my legacy or destroy my reputation. I won’t let them silence me,” Montañez said, according to a recent press release.

Montañez’s life story is described in the book “Flamin’ Hot”, movie released last year, directed by Eva Longoria.

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FOX Business has reached out to Montañez and the law firm Ellis George LLP for additional comment.

FOX Business’s Daniella Genovese contributed to this report.

TO COMBINE: For updates on this story and others, visit foxbusiness.com.