A legal showdown is brewing over the origins of Flamin’ Hot Cheetos. Richard Montañez, a former PepsiCo executive, is suing the company, alleging it sabotaged his career after disputing his claim that he invented the popular snack.
PepsiCo has declined to comment on the lawsuit, which was filed on July 18 in California Superior Court. According to Montañez’s lawsuit, his journey with PepsiCo began in 1977 when he was hired as a janitor at the Frito-Lay plant in Rancho Cucamonga, California.
The backstory
Montañez recounts that one day, a machine malfunctioned, producing a batch of unflavored Cheetos. Seizing the opportunity, he took the Cheetos home and seasoned them with chili powder, aiming to mimic the taste of elote, a popular Mexican street food.
In 1991, Montañez requested a meeting with PepsiCo CEO Roger Enrico to pitch his spicy Cheetos idea, believing it would resonate with the Latino community. Enrico approved the idea, leading to the development of Flamin’ Hot Cheetos, which hit the market in 1992.
Montañez continued innovating, creating other spicy snacks, and eventually rising to the position of vice president of multicultural marketing and sales at PepsiCo. His story gained widespread attention, culminating in a memoir published in 2021 and a movie, “Flamin’ Hot,” released in 2023.
However, in 2021, PepsiCo’s narrative shifted. The company cooperated with the Los Angeles Times for an article that claimed others in the company were already working on spicy snacks when Montañez approached them, and that they – not Montañez – came up with the name, “Flamin’ Hot.”
Montañez claims this reversal has damaged his reputation, affecting his speaking career and other ventures, including a documentary about his life. He is suing for discrimination, fraud, and defamation, seeking damages for the harm done to his career and reputation.