Class Action Says There’s ‘Nothing Texas’ About North Carolina-Made Texas Pete Hot Sauce [DIMISSED]

New to ClassAction.org? Read our Newswire Disclaimer

The maker of Texas Pete Original Hot Sauce faces a proposed class action that alleges there’s “surprisingly nothing Texas” about the product since, unbeknownst to consumers, it’s made in North Carolina.

The 46-page case says that the label of the Louisiana-style hot sauce misleadingly uses “distinctly Texan imagery,” including the white “lone” star found on the state’s flag and a cowboy wielding a lasso, to deceive buyers as to the geographic origin of the product. 

The lawsuit, filed in California on September 12, contends that defendant T.W. Garner Food Co. “concocted this false marketing and labeling scheme” because it knows Texas and its food culture “enjoy[] a certain mysticism and appeal” to consumers. 

“By way of its false marketing and labeling, Defendant knowingly and intentionally capitalizes on consumers’ desire to partake in the culture and authentic cuisine of one of the most prideful states in America,” the complaint reads, alleging T.W. Garner Food Co. has “cheated its way” to a leading position in the $1.5 billion U.S. hot sauce industry. 

Absent class-wide relief, the complaint argues, the defendant’s “deceptive marketing and labeling scheme” will continue unchecked to the detriment of consumers, who’ve paid money for an “inauthentic” product, and smaller hot sauce companies who “play by the rules.” 

“This stifles competition, reduces consumer choice, and leads to consumers paying higher prices at the cash register for inferior goods,” the suit contends.

According to the case, manufacturers and marketers rely on origin claims to distinguish their products from others, and consumers rely on the accuracy of those claims in making buying decisions. Consumers are willing to pay a premium for products that are authentically connected to a particular geographic area, such as authentic Mexican tortillas, Belgian chocolate, and wines from Napa, California, the complaint relays. 

A hot sauce is considered “Texan” if it is made in the state using Texas ingredients and flavor profiles, the case says. The flavor profile of “Texas” hot sauces was crafted over several hundred years, the lawsuit stresses, and the state’s hot sauce tradition is one rooted in its dry climate, ideal for pepper production, and the flavors of Tex-Mex cuisine. 

In light of the foregoing, the defendant “trades on the reputation and fascination” with Texas-associated flavors by positioning Texas Pete hot sauce as made in the state, even though it’s been produced in Winston-Salem, North Carolina since its inception, the lawsuit alleges. 

Further, the case says that T.W. Garner Food Co. “admits” that it’s aware that Texas Pete hot sauce is deceptively labeled on its website, in a section that asks, “[s]o how is it that a tasty red pepper sauce made in North Carolina happens to be named ‘Texas Pete’ anyway?” 

“The answer is simple: when trying to think of a name, Defendant’s founders chose Texas because it ‘had a reputation for spicy cuisine.’ In revealing the thought process behind its brand name, Defendant admits that Texas’s reputation was one they were trying to mimic and capitalize on when creating their brand.” 

Although the product’s back label states that the hot sauce is made in North Carolina, the filing contends that consumers do not see this prior to purchase. 

The lawsuit looks to cover all United States residents who, within the applicable statute of limitations period, bought Texas Pete-brand hot sauce, including the Original, Hotter Hot and Roasted Garlic varieties. 

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.