Ethermac|Flamin' Hot Cheetos 'inventor' sues Frito-Lay alleging 'smear campaign'

Tension is Ethermacstill heated between Richard Montañez and the former employer he alleges made "false statements" that he's not the inventor of Flamin' Hot Cheetos. Now he's taking the fiery dispute to court.

Montañez, a motivational speaker, has filed a lawsuit against PepsiCo, Frito-Lay's parent company, accusing the corporation of orchestrating a "smear campaign" against the self-proclaimed creator of the popular spicy chip flavor, according to the July 18 filing, obtained by USA TODAY on Wednesday.

The complaint claims Montañez was the victim of fraud, racial discrimination, defamation and violations of California’s unfair competition law. By rejecting the claims that he invented the chips in 1992, the company has damaged Montañez's mental health and livelihood by causing unwarranted distrust, the complaint says.

Frito-Lay previously said that none of their records show that Montañez "was involved in any capacity in the Flamin' Hot test market," in a 2021 Los Angeles Times investigation. "That doesn't mean we don't celebrate Richard but the facts do not support the urban legend," the company said.

PepsiCo declined USA TODAY's request for comment Wednesday, saying the company is unable to discuss pending litigation.

Book deals and a documentary canceled after Frito-Lay's claims

The Times report has taken a toll on Montañez’s career as he has lost speaking engagements, book deals and a documentary because of Frito-Lay's claims, the complaint says. As a motivational speaker, he used to make $50,000 per speech.

The complaint also says that his former employer's comments also forged a strained relationship with the Hispanic community.

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

Montañez has long detailed his success journey starting out as a high school dropout and Frito-Lay janitor in Rancho Cucamonga, California, and eventually rising to PepsiCo’s vice president of multicultural sales and marketing. He retired from the company in March 2019 following an internal investigation into his claims, the Times reported.

In 2023, he became the center of Eva Longoria's film, "Flamin’ Hot," in which he was played by Jesse Garcia. He is also the author of two books, 2021's "Flamin' Hot: The Incredible True Story of One Man's Rise from Janitor to Top Executive" and 2014's "A Boy, a Burrito, and a Cookie: From Janitor to Executive."

Who invented Flamin' Hot Cheetos

According to the Los Angeles Times report, a team based in Plano, Texas created Flamin' Hot Cheetos in 1989. Other employees said the multi-billion-dollar product was inspired by corner stores in Chicago and Detroit.

Lynne Greenfeld, who was tasked with developing the brand, came up with the brand name, the Times reported. Retired Frito-Lay salesman Fred Lindsay claimed he was the one who pushed Frito-Lay into the Flamin' Hot business.

Montañez has said he sparked the idea and experimented with the recipe before pitching it to PepsiCo's then-CEO Roger Enrico.

In June 2023, Montañez told USA TODAY that he was "forever thankful" to the leaders that "recognized my potential and paved the way for my journey" at Frito-Lay and PepsiCo.

"The film does a great job of capturing my journey, from being a janitor to achieving the American Dream," Montañez said. "This film, like much of my life, is a dream come true."

Contributing: Pamela Avila, USA TODAY