Lawsuit against PepsiCo might settle once and for all on issue of who created Flamin’ Hot Cheetos

Richard Montañez, best known as the man who says he invented Flamin’ Hot Cheetos, has filed a lawsuit against his former employer PepsiCo.

His inspirational rags to riches life story was the subject of the 2023 film “Flamin’ Hot,” directed by Eva Longoria.

Montañez claims he was the victim of fraud, racial discrimination, defamation and violations of California’s unfair competition law, according to a 62-page complaint (Case No. CIVRS2400356) filed against PepsiCo.

The suit, filed July 18, 2024 in Superior Court of the State of California in San Bernardino on Mr. Montañez’s behalf by law firm Ellis George LLP in Los Angeles, seeks a jury trial, damages, restitution and an order preventing PepsiCo and Frito-Lay from claiming that Mr. Montañez is not the creator of Flamin’ Hot Cheetos.

“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” said Mr. Montañez. “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. 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 was a janitor at Frito-Lay (now owned by PepsiCo) in Southern California, then promoted after the creation of Flamin’ Hot Cheetos in 1992. Montañez became PepsiCo’s vice president of multicultural sales and marketing, an author and an inspirational speaker.

The issue came into question about whether Montañez created the spicy chips after PepsiCo stated that it wasn’t true. 

Los Angeles Times reported in 2021 that the spicy snack was created by a team of food professionals starting in 1989 in Frito-Lay’s headquarters in Plano, Texas.

“The tsunami of false and defamatory media coverage that followed has taken a devastating toll on Montañez’s career as an inspirational speaker, causing the cancellation of speaking engagements, book deals and a documentary,” the press release states. “But most devastating for Mr. Montañez, the attack on his reputation has damaged his relationship with his Hispanic community.

“This complaint speaks for itself, and we are looking forward to presenting the merits of this case to a jury,” said Eric George, partner at Ellis George LLP.

The next hearing is scheduled for January 21, 2025 at the Rancho Cucamonga Superior Court.