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False Advertising Lawsuit Against Texas Pete, the Hot Sauce Maker

In a recent court ruling, a California court has declared that it will not dismiss the false advertising lawsuit brought against Texas Pete, the renowned hot sauce maker based in North Carolina. The decision came on July 31, when U.S. District Judge Maame Ewusi-Mensah Frimpong denied the motion to dismiss the case, stating that consumers might mistakenly believe the products originated from Texas.

The lawsuit, a class action filed by Phillip White on September 12, 2022, alleges that he purchased a bottle of Texas Pete hot sauce from a Los Angeles supermarket for $3, under the impression that it was produced in Texas. However, he later discovered that the hot sauce was actually made in Winston-Salem, North Carolina, leading him to accuse the company of false advertising.

According to the complaint, White claims that Texas Pete deliberately takes advantage of consumers’ desire to experience the culture and authentic cuisine associated with Texas. The lawsuit seeks to compel Texas Pete to change its name and branding, as well as provide compensation to previous customers who might have been misled.

The Dispute over Labeling

T.W. Garner Food Co., the parent company of Texas Pete, attempted to have the lawsuit dismissed on November 10, 2022, by arguing that the product’s bottle clearly states that it is made in North Carolina. However, Judge Frimpong ruled that the labeling was not explicit enough, and customers could still be misled into believing the product had ties to Texas.

The hot sauce maker, Texas Pete, has defended its branding on its website, explaining the origin of its name. According to the company, the sauce’s creator, Sam Garner, chose the name “Texas Pete” to give it an American identity. Garner was inspired by Texas’ reputation for spicy cuisine and decided to name the sauce after his son Harold’s nickname, Pete.

The Implications of the Lawsuit

This lawsuit raises important questions about how products are marketed and labeled. With a growing emphasis on authenticity and origin, consumers are increasingly sensitive to misleading branding. Businesses must be cautious and transparent in their marketing practices to avoid potential legal disputes and protect their reputation.

While Texas Pete claims that its website provides information about the sauce’s origin, the court ruling indicates that the label on the product itself must be explicit and unambiguous. The outcome of this case may set a precedent for similar disputes in the future and prompt businesses to reevaluate their marketing strategies.


The false advertising lawsuit against Texas Pete, the hot sauce maker, has brought to light the importance of clear and accurate labeling in the consumer goods industry. As the case progresses, the court’s ruling may have a significant impact on how companies market and brand their products. For now, consumers and businesses alike await further developments to see how this legal battle unfolds.

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