Former PepsiCo executive files lawsuit over Flamin' Hot Cheetos origin story

A former PepsiCo executive who says he created Flamin' Hot Cheetos is suing the company for fraud, defamation and discrimination, arguing that his career was affected when his ex-employer denied he created the popular snack flavor.

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

Montañez started as a janitor for Frito-Lay before climbing up the ladder to become PepsiCo's vice president of multicultural sales and marketing.

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"I created Flamin' Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo," Montañez said in the press release. 

FOX Business reached out to PepsiCo for comment.

Montañez's idea in 1992 "became a multi-billion-dollar product line for PepsiCo, finally addressing the Hispanic community with flavorful and spicy snack foods," the release said.

Despite Montañez's story, his claim that he is 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," has caused controversy in the snack world.

If you asked PepsiCo in 2021, the origin of its brand didn't fall entirely on Montañez. Instead, it attributed to "the launch and success of Flamin' Hot Cheetos and other products to several people who worked at PepsiCo" at the time, the company told FOX Business in a statement three years ago.

And although PepsiCo hasn't given all the credit to Montañez, the company has said his story is "far from being an urban legend."

"Richard had a remarkable 40-plus-year career at PepsiCo and made an incredible impact on our business and employees and continues to serve as an inspiration today. His insights and ideas on how to better serve Hispanic consumers were invaluable and directly resulted in the success of Flamin' Hot Cheetos," the company said in 2021.

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PepsiCo also noted that it has "no reason to doubt the stories he shares about taking the initiative to create new product ideas for the Cheetos brand, and pitching them to past PepsiCo leaders." 

Cheetos currently has 12 different products that include the Flamin' Hot flavor.

The lawsuit alleges that PepsiCo took part in a "tsunami of false and defamatory media coverage" that has negatively impacted Montañez’s relationship with his Hispanic community.

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The suit seeks a jury trial, damages and restitution.

"I cannot let them take away my legacy or destroy my reputation. I will not let them silence me," Montañez said, according to the recent press release.

Montañez’s life story was chronicled in "Flamin' Hot," a movie released last year, directed by Eva Longoria.

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

FOX Business' Daniella Genovese contributed to this report.