Mathias Busekist
The judge has dismissed the lawsuit.
A federal judge has dismissed a lawsuit filed by Richard Montañez, the former Frito-Lay employee who claims he invented Flamin’ Hot Cheetos, ruling that his defamation and fraud claims lacked sufficient factual support. However, the judge granted Montañez the opportunity to amend and refile his complaint by June 13.
U.S. District Judge John W. Holcomb stated in Wednesday’s ruling that while Montañez’s allegations against Frito-Lay and its parent company, PepsiCo, were currently insufficient, he “may be able to cure the deficiencies” with additional facts.
The lawsuit followed a 2021 Los Angeles Times investigation that cast doubt on Montañez’s widely shared story. He claimed he conceived the spicy snack while working as a janitor at a Frito-Lay plant and pitched the idea directly to executives. The article cited internal records and company statements that contradicted this narrative.
Montañez argued in his complaint that despite facing resistance from the company’s research team, he and his wife created an early version of the snack at home in the 1980s. He later rose through PepsiCo’s ranks, eventually serving as vice president of multicultural marketing and becoming a prominent motivational speaker.
The lawsuit alleged PepsiCo profited from his inspirational story for years before disavowing his claims. However, Judge Holcomb said Montañez could not argue unjust enrichment, noting he “mutually benefitted from Defendants’ decades-long support.”
Attorneys for Montañez did not immediately respond to requests for comment. The legal battle over the origins of Flamin’ Hot Cheetos, however, is far from over.