The Texas Pete hot sauce brand faces a lawsuit for not being from the Lone Star state.
The lawsuit claims that the brand engages in false advertising since the sauce was actually made in North Carolina by the T.W. Garner Food Co., Fox 8 reported.
A man from Los Angeles, Phillip White, filed the lawsuit after realizing the bottle of Texas Pete hot sauce that he had bought was not from Texas. White claims that he would not have purchased the bottle, or at least not for the price of $3, had he known where the hot sauce was really made, according to NBC 5.
The lawsuit claims Texas Pete confuses customers into thinking it is an authentic Texas sauce, suggesting that it is a standard “Louisiana-style hot sauce made with ingredients sourced outside the state of Texas at a factory in North Carolina.”
Images on the bottle are also reminiscent of Texas, featuring a lassoing cowboy and a white star.
White’s complaint lays out the difference between a Texas hot sauce and Louisiana-style hot sauce. While a Louisiana-style sauce has a base of certain core ingredients, a Texas sauce is made from Texas ingredients.
“Because there is nothing ‘Texas’ about Texas Pete,” the lawsuit argued, the “deceptive marketing and labeling scheme violates well-established federal and state consumer protection laws aimed at preventing this exact type of fraudulent scheme.”
“A hot sauce is distinctly ‘Texas,'” the lawsuit continued, “if it is made in Texas, using Texas ingredients and flavor profiles.”
Texas Pete is made from North Carolina peppers, according to the company’s website, and its history dates back to 1929. Its name was inspired by a nickname for one of the Garner sons.
The lawsuit alleged that T.W. Garner Food Co. capitalized on the appeal of the lone star state to market and sell the Texas Pete sauce. It argues that the company took advantage of people wanting to try an authentic Texas hot sauce.
T.W. Garner Food Co released a statement to NBC 5 on October 10 regarding White’s claims.
“We are aware of the current lawsuit that has been filed against our company regarding the Texas Pete brand name,” the company said. “We are currently investigating these assertions with our legal counsel to find the clearest and most effective way to respond.”
White is seeking, among other things, “an order requiring [Texas Pete] to immediately cease and desist from selling the unlawful Products in violation of law,” in addition to changing the marketing on the items.
Furthermore, White demanded “an order awarding monetary compensation in the form of damages, restitution, and/or disgorgement … consistent with permissible law.”
The complaint was filed as a class action on behalf of anyone in the country who bought Texas Pete, and the company must respond by November 10.