Ex-PepsiCo exec who claimed he invented Flamin’ Hot Cheetos loses defamation lawsuit against snack giant

PepsiCo won nan dismissal of a suit by a erstwhile executive who said nan nutrient and beverage institution defrauded and defamed him by denying that he invented Flamin’ Hot Cheetos.

In a determination connected Wednesday, US District Judge John Holcomb said Richard Montanez, who retired from PepsiCo successful 2019 to go a full-time motivational speaker, did not show that PepsiCo and its Frito-Lay portion intentionally reneged connected a committedness to show nan “true story” of really he created nan celebrated spicy chips.

The Santa Ana, Calif.-based judge besides said PepsiCo did not defame Montanez by allegedly refusing successful 2023 to assistance successful a documentary astir his life unless it debunked his claim.

Holcomb said nan existent malice modular for defamation, requiring knowledge of falsity aliases reckless disregard for nan truth, was due based connected Montanez’s describing himself arsenic “part of nan taste canon” done 2 best-selling books and a deed movie directed by Eva Longoria.

Lawyers for Montanez did not instantly respond to requests for remark connected Thursday. Camille Vasquez, a lawyer for Purchase, NY-based PepsiCo, declined to comment.

Montanez began successful 1976 arsenic a Frito-Lay janitor successful Rancho Cucamonga, Calif., and roseate to go PepsiCo’s vice president of multicultural trading and sales.

He said he sparked what became Flamin’ Hot Cheetos astir 1989, erstwhile took unflavored Cheetos location to research pinch seasonings and “drew inspiration” from elote, a Mexican grilled maize seasoned pinch chili powder.

PepsiCo introduced Flamin’ Hot Cheetos successful 1992, and made it a multibillion-dollar brand.

Montanez said he erstwhile booked 35 speaking engagements annually astatine $10,000 to $50,000 each but mislaid astir bookings aft a Los Angeles Times article successful May 2021 successful which Frito-Lay rejected nan “urban legend” that he invented nan snack chips.

Frito-Lay later said its comments were misconstrued, and it had nary logic to uncertainty Montanez’s efforts to create caller Cheetos products.

The newspaper defended its reporting.

Montanez’s communicative astir Flamin’ Hot Cheetos was told successful Longoria’s 2023 movie “Flamin’ Hot” and successful 2 memoirs.

The lawsuit is Martinez v PepsiCo Inc et al, U.S. District Court, Central District of California, No. 24-01792.