Flamin’ Hot Cheetos ‘Inventor’ Is Suing Frito-Lay. Here’s Why

The alleged inventor of Flamin’ Hot Cheetos has filed a lawsuit against the snack’s parent company, PepsiCo, the owner of Frito-Lay, alleging that the company has launched a “smear campaign” against him. Frito-Lay has denied the allegations. Let’s take a look at what else we know about this lawsuit.

Who Invented Flamin’ Hot Cheetos?

According to The Independent, Richard Montañez asserts that he invented Flamin’ Hot Cheetos while working at the Frito-Lay factory in Southern California. His claims even earned him a book deal, and he wrote “Flamin’ Hot: The Incredible True Story of One Man’s Rise from Janitor to Top Executive” to tell his story.

The book was even turned into a biopic directed by Eva Longoria called “Flamin’ Hot,” which was sold to Searchlight Pictures after a bidding war.

But in 2021, a Los Angeles Times investigative report revealed that Montañez’s claims were inaccurate. The outlet conducted interviews with more than a dozen employees who worked at the Rancho Cucamonga, California, plant with Montañez, and they all claimed that his rags-to-riches story about inventing Flamin’ Hot Cheetos was greatly exaggerated.

“None of our records show that Richard was involved in any capacity in the Flamin’ Hot test market,” Frito-Lay wrote in a statement to the outlet. “We have interviewed multiple personnel who were involved in the test market, and all of them indicate that Richard was not involved in any capacity in the test market. That doesn’t mean we don’t celebrate Richard, but the facts do not support the urban legend.”

Rather, Flamin’ Hot Cheetos were first invented in 1989 by Lynne Greenfeld, a junior employee of Frito-Lay in Plano, Texas. When she saw the Los Angeles Times story about Montañez’s claims, she immediately contacted Frito-Lay, who launched an internal investigation to uncover the truth.

And it’s this Los Angeles Times article that serves as the basis of Montañez’s lawsuit against the company. “I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” he said in a press release on July 22. “PepsiCo believed in me as a leader because they knew people would follow me, and they did because they knew my soul is my community. We built this into a $2 billion industry, and I cannot let them take away my legacy or destroy my reputation. I will not let them silence me.”

Per the press release, the lawsuit was filed on July 18, and Montañez is seeking “a jury trial, damages, restitution and an order preventing PepsiCo and Frito-Lay from claiming that Mr. Montañez is not the creator of Flamin’ Hot Cheetos.” He is also claiming “fraud, racial discrimination, defamation and violations of California’s unfair competition law,” and that Frito-Lay’s claims have “damaged his relationship with his Hispanic community…causing the cancellation of speaking engagements, book deals and a documentary.”

Per The Independent, Frito-Lay has not yet commented on pending litigation.

Recent Frito-Lay Collaborations

The drama with Flamin’ Hot Cheetos aside, Frito-Lay has recently been involved in some fun collaborations.

Back in April, the snack company teamed up with Hasbro for a snacks-and-games collaboration to encourage family fun time.

The promotion, which ran until May 19, gave customers participating in the event a chance to win a $1,000 game chest full of Hasbro games, Frito-Lay snacks, and other thrilling rewards. The importance that both businesses place on family ties is at the core of this partnership. For Hasbro and Frito-Lay, the main goal is to make those times spent together even better.

“We want to encourage families to embrace moments of connection, whether it’s a family game night or a road trip and add more fun and flavor to make this quality time more memorable,” said Melissa Miranda, vice president of portfolio marketing for Frito-Lay Variety Packs.