Texas Pete Is Actually Made In North Carolina, Lawsuit Claims False Advertising
You may not know, but Texas Pete is a North Carolina product. Though the name suggests its roots are in the Lone Star State. And while, as a North Carolinian, I’m happy to learn that, others aren’t particularly thrilled about it. In fact, according to USA Today, one man is so enraged he’s filed a lawsuit. Phillip White, of California, filed a false advertising lawsuit against Texas Pete hot sauce after learning the product is made in North Carolina. And honestly, this is one of the dumbest lawsuits I’ve ever seen. It validates the McDonald’s hot coffee incident as sophisticated legal action.
The Lawsuit Against Texas Pete
White’s claim is that he would not have purchased the hot sauce or paid the increased cost, had he known it was not an authentic Texas condiment. A quick search on HarrisTeeter.com shows me the price for a six-ounce bottle of Texas Pete costs $1.69. Twelve ounces is just $2.39 and twenty-four is $4.19. Even if White purchased a gallon of the sauce he would have paid less than $11. You can’t pay for one billable hour of an attorney’s time for that.
The lawsuit was filed in Los Angeles federal court about a month ago (September 12th). The complaint elaborates that the brand “capitalized on consumers’ desire to partake in the culture and authentic cuisine of one of the most prideful states in America.” USA Today reached out to a representative from the brand but so far they declined to comment.
Texas Pete
Texas Pete is owned by T.W. Garner Food Company. The product dates back to 1929 when Sam Garner and his three sons created the spicy hot sauce. The name “Mexican Joe” was thrown out, but wanting an American name for the American-made product they went with Texas Pete and the rest is history.
It should be said that the back of a bottle of Texas Pete sauce does say that the product is manufactured in the Old North State. USA Today reports the lawsuit claims it’s unnoticeable and that consumers don’t notice it. Instead, they see the Texas imagery on the front label. They also claim that this hurts smaller Texas-based hot sauce competitors. Considering White is not a Texan or a hot sauce brand owner it still begs the question of how this impacts him. He is seeking damages as well as looking for the company to change its name and branding. The exact amount of damages White is seeking was not disclosed. As discussed above it’s unlikely he spent more than $11 on hot sauce. His lawyers will have their work cut out for them proving why he deserves a substantial payout.
In Conclusion
Look we all know that the United States is very litigious. And in a lot of ways that does help hold companies and individuals accountable. But it can get out of hand. And in my opinion, this is taking it too far. If a small hot sauce company was filing the lawsuit, I may feel slightly different. But even still those companies would have known about Texas Pete upon entering the market. With a history dating back over 90 years, competitors are not being blindsided by Texas Pete. It will be interesting to see if this actually makes it to trial. In my opinion (I have not been to law school so take it with a grain of salt), the judge could easily throw this out. It could also be settled out of court.
One thing is for sure, this lawsuit is bringing Texas Pete is getting some good publicity. And any publicity is good publicity.
10 Brands You Know That Started In North Carolina
1. Cheerwine
Cheerwine was first created in 1917 by Salisbury, North Carolina by L.D. Peeler. The cherry soft drink is still going strong and celebrated its 100 year anniversary a few years ago with a festival in downtown Salisbury.
Learn more about Cheerwine
2. Mt. Olive Pickles
Mt. Olive was founded in the town bearing the same name back in 1926, with only a 3,600 square foot building and $19,500 in capital, according to their website. Today, Mt. Olive has grown to manufacture the best selling brand of pickles in the Southeast. In fact they just announced they are building a whole new facility in North Carolina.
Get more info on Mt. Olive Pickles here
3. Bojangles
The fast food chain known for it’s Cajun seasoning and Bo’berry biscuits Bojangles’ Famous Chicken ‘n Biscuits location in 1977 in Charlotte, North Carolina.
Get more info about Bojangles
4. Cookout
Cookout, the fast-food chain best known for its iconic trays and numerous flavors of milkshakes originated in Greensboro in 1989.
Get more info on Cookout here
5. Krispy Kreme
If you have spent much time in North Carolina you are sure to recognize the Hot Doughnuts Now sign. Krispy Kreme was founded by Vernon Rudolph. The chain first opened in 1937 in what is now historic Old Salem in Winston-Salem, North Carolina.
Get more info on Krispy Kreme here
6. Lance
In 1913 Phillip Lott a food broker from Charlotte got stuck with 500 pounds of peanuts. He sold them and was then inspired to create the now popular snack company.
Get more info on Lance Crackers here
7. Pepsi
Pepsi dates back to New Bern, NC in 1893. It was first introduced as “Brad’s Drink” named after it’s founder, with the name Pepsi-Cola and eventually just Pepsi coming later.
Get more info about Pepsi here
8. Texas Pete
No, Texas Pete is not from Texas. Its origins are actually in North Carolina. It was created by the Garner family in Winston-Salem, North Carolina.
Get more info on Texas Pete here
