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Richard Montañez has filed a lawsuit against PepsiCo and its Frito-Lay snacks division, alleging that the companies are denying his role in creating Flamin' Hot Cheetos and have engaged in a campaign to undermine his contributions.

The lawsuit, filed in the Superior Court of the State of California in San Bernardino on 18 July, claims PepsiCo and Frito-Lay engaged in fraud, racial discrimination, defamation and violations of California's unfair competition law for denying Montañez's role in the creation of Flamin' Hot Cheetos.

The complaint seeks a jury trial, damages, restitution and an order preventing PepsiCo and Frito-Lay from denying Montañez's role in originating the product.

Montañez said: "I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo. 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.”

The lawsuit stems from a May 2021 Los Angeles Times article in which Frito-Lay stated that the company's records do not show Richard's involvement "in any capacity in the Flamin’ Hot test market".

FoodBev has reached out to PepsiCo for a comment.

Top image: © Frito-Lay North America

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