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Judge dismisses Flamin' Hot Cheetos invention lawsuit, cites lack of factual support

Photo: Jammy Jean - stock.adobe.com

June 3, 2025

A federal judge has dismissed a lawsuit filed by Richard Montañez, who claimed to be the inventor of Flamin' Hot Cheetos, against Frito-Lay and its parent company, PepsiCo. The judge determined that Montañez's accusations of fraud and defamation were either insufficient or lacked the necessary factual support, according to a News Nation report.

Montañez had initiated the lawsuit last year, alleging that the companies had defamed him and harmed his career by publicly denying his role in the creation of the popular snack. He contended that he conceived the idea for a spicy Cheeto appealing to the Latino community while working as a janitor at a Frito-Lay plant and that an executive later took his idea without giving him credit.

Despite the dismissal, the judge has granted Montañez an opportunity to amend his lawsuit. He has until June 13 to submit an amended complaint that addresses the deficiencies by providing additional supporting facts.




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