Pepsico won the dismissal of a lawsuit by a former executive who said the food and drink company deceived and led him by denying that he invented Flag ‘Hot Cheetos.
In a ruling on Wednesday, American district judge John Holcomb said Richard Montanez, who withdrew from Pepsico in 2019 to become a full-time motivational speaker, did not show that Pepsico and his Frito-Lay unit were deliberately gathered with a promise to tell the true history of how he created the popular pieces.
The Santa Anna -based, -based judge in the caliph, also said that Pepsico did not slander Montanese, suspected of refusing in 2023 to help a documentary about his life if he did not debut his request.
Holcomb said that the current standard of malignancy for defamation, seeking knowledge of falsehood or reckless disregard for the truth, was appropriate based on the description of Montanese as “part of the Cultural Canon” through two best -selling books and a movie hit by Eva Longoria.
Lawyers for Montanese did not respond immediately to requests for comment on Thursday. Camille Vasquez, a purchase lawyer, NY -based pepsico, refused to comment.
Montanese began in 1976 as a Frito-Lay goalkeeper in Rancho Cucamonga, Calif., And was set up to become Pepsico Vice President for Multicultural Marketing and Sale.
He said he sparked what became the Flamin ‘Hot Cheetos around 1989, when he took home without flavored cheetos to experiment with spices and “Drew inspiration” by Elote, a mexican -baked corn with chili powder.
Pepsico introduced Flag ‘Hot Cheetos in 1992, and made it a brand of multibillion dollars.
Montanese said he once reserved 35 speaking engagements each year in $ 10,000 to $ 50,000 each, but lost most bookings after an article in the Los Angeles Times in May 2021 in which Frito-Lay rejected the “urban legend” that he invented the chips.
Frito-Lay later said his comments were wrong, and there was no reason to doubt the Montanese efforts to create new cheetos products.
The newspaper defended its reporting.
Montanese story about Flag ‘Hot Cheetos was shown in Longoria’s film in 2023 “Flain’ Hot” and in two memories.
The case is Martinez V Pepsico Inc et al, US District Court, Central County of California, no. 24-01792.
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