Former PepsiCo executive Richard Montañez, the subject of last year’s Eva Longoria film “Flamin’ Hot,” accuses the company of engaging in a “smear campaign” against him, racial discrimination and violation of the Fair Employment and Housing Act

Richard Montañez, a former senior executive at PepsiCo, Inc., perhaps best known as the man who invented Flamin’ Hot Cheetos and whose inspirational, rags to riches life story was the subject of last year’s hit film “Flamin’ Hot,” was the victim of fraud, racial discrimination, defamation and violations of California’s unfair competition law, according to a 62-page complaint (Case No. CIVRS2400356) filed against PepsiCo.

The suit, filed July 18, 2024 in Superior Court of the State of California in San Bernardino on Mr. Montañez’s behalf by law firm Ellis George LLP in Los Angeles, seeks 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.

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

Mr. Montañez became the ultimate American success story, going from high school dropout and janitor at Frito-Lay (now owned by PepsiCo) in Southern California, to celebrated marketing legend after creating “Flamin’ Hot Cheetos” in 1992. His idea became a multi-billion-dollar product line for PepsiCo, finally addressing the Hispanic community with flavorful and spicy snack foods. Mr. Montañez became PepsiCo’s Vice President, Multicultural Sales & Marketing, an author, an inspirational speaker commanding up to $50,000 per speech and his life story was chronicled in last year’s critically acclaimed “Flamin’ Hot,” the directorial debut of actress Eva Longoria.

Yet, after four decades of sharing Mr. Montañez’s extraordinary story with the world, particularly with the Hispanic community, PepsiCo allegedly began an inexplicable smear campaign to disavow Mr. Montañez’s role in creating Flamin’ Hot Cheetos. The tsunami of false and defamatory media coverage that followed has taken a devastating toll on Mr. Montañez’s career as an inspirational speaker, causing the cancellation of speaking engagements, book deals and a documentary – but most devastating for Mr. Montañez, the attack on his reputation has damaged his relationship with his Hispanic community.

“This complaint speaks for itself, and we are looking forward to presenting the merits of this case to a jury,” said Eric George, partner at Ellis George LLP.

For more information, please contact Eric George of Ellis George LLP, 310-274-7100.

About Ellis George LLP

Ellis George LLP is recognized as one of the top litigation and trial firms in the country with offices in Los Angeles, San Francisco, New York, and Washington, D.C. Whether plaintiff or defendant, individual or Fortune 500 corporation or entrepreneur, clients call upon Ellis George when seeking litigation counsel of the highest quality, creativity, dedication, and ethics. Visit www.ellisgeorge.com for more information.

View source version on businesswire.com: https://www.businesswire.com/news/home/20240717719144/en/