One man is suing Texas Pete hot sauce because it’s manufactured in North Carolina, reports TODAY.
On Sept. 12, Los Angeles resident Phillip White brought the lawsuit claiming the hot sauce’s name and branding falsely imply where it comes from.
Garner Foods is the company that owns Texas Pete and is based in Winston-Salem, North Carolina.
White bought a bottle of the popular condiment from a grocery store, claiming that he “relied” on the bottle’s branding to ensure it was from Texas.
He says that if he knew the hot sauce wasn’t a product of Texas, he wouldn’t have bought it.
The lawsuit reads, “By way of its false marketing and labeling, Defendant knowingly and intentionally capitalizes on consumers’ desire to partake in the culture and authentic cuisine of one of the most prideful states in America.”
The plaintiff mentioned the Texas imagery used on the bottle including the “lone” star from the Texas flag and cowboy.
“We are aware of the current lawsuit that has been filed against our company regarding the Texas Pete® brand name,” a Garner Foods spokesperson told TODAY Food. “We are currently investigating these assertions with our legal counsel to find the clearest and most effective way to respond.”
Texas Pete’s website details the history of Texas Pete, including the name’s origin. Sam Garner and his three sons were deciding on a name for sauce creation when a marketing advisor suggested “Mexican Joe.”
Garner said should be American and suggested Texas because it had a reputation for spicy food. Movie cowboys were popular at the time, which also played a role in deciding on the hot sauce’s branding.