LOS ANGELES — A class action lawsuit filed in California argues the company that makes Texas Pete hot sauce has been illegally marketing its product.
The lawsuit, filed in Los Angeles federal court, was filed on behalf of Phillip White, whose lawyers allege had purchased the hot sauce because he believed it was made in Texas, due to its name. In the lawsuit, attorneys argue that White wouldn’t have purchased the sauce had he known it is made in Winston-Salem, North Carolina, USA Today reported.
“By representing that its Texas Pete brand hot sauce products are Texas products, when they are not, Defendant has cheated its way to a market-leading position in the $3 billion-dollar hot-sauce industry at the expense of law-abiding competitors and consumers nationwide who desire authentic Texas hot sauce and reasonably, but incorrectly, believe that is what they are getting when they purchase Texas Pete,” attorneys said in the lawsuit.
The Texas Pete website details the hot sauce’s history in North Carolina, saying Sam Garner and his three sons named the sauce “Texas Pete” in 1929 because of the state’s reputation for spicy cuisine, and the popularity of movie cowboys at the time.
“The current factory, built in 1942 and added onto too many times to count, sits on the original Garner family home site in northwest Winston-Salem. And the legendary Texas Pete, proud of his cowboy heritage but also a proud North Carolinian, continues to thrive!” the company says on its website.
The lawsuit claims that a consumer would likely not see that the hot sauce is made in North Carolina because of the “distinctly Texan” imagery, which includes a cowboy and the “lone” star from the Texas state flag, USA Today reported.
In the lawsuit, attorneys argue that “Because there is nothing “Texas” about Texas Pete, Defendant’s deceptive marketing and labeling scheme violates well-established federal and state consumer protection laws aimed at preventing this exact type of fraudulent scheme.”
Texas Pete hot sauce lawsuit by National Content Desk on Scribd
The lawsuit, which is a class action suit, argues that other consumers like White are shocked to learn that the hot sauce is not from Texas, citing TikTok videos among the evidence.
The product states on the back label that it is manufactured in North Carolina. T.W. Garner Food Co., Texas Pete’s parent company, did not respond to USA Today’s request for comment.
The lawsuit is asking for T.W. Garner Food Co. to change the name and branding and pay damages.
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