Flamin' Hot Cheetos are offered for sale at a store on April 19, 2024, in Chicago, Illinois. Former PepsiCo employee Richard Monta?ez, who once was given the lion share of credit for developing the product, is suing his previous employer for an about-face on the origin story.
AP  — 

A court case could soon settle a spicy dispute: Who invented?Flamin’ Hot Cheetos?

A former PepsiCo executive is suing the company, saying it destroyed his career after questioning his claim that he invented the popular flavor of?Cheetos snacks.

PepsiCo?said Thursday it has no comment on the lawsuit, which was filed July 18 in California Superior Court.

According to his lawsuit, Richard Monta?ez began working for PepsiCo as a janitor at its Frito-Lay plant in Ranch Cucamonga, California, in 1977. Monta?ez was the son of a Mexican immigrant and grew up in a migrant labor camp.

One day, a machine in Monta?ez’s plant broke down, leaving a batch of unflavored Cheetos. Monta?ez says he took the batch home and dusted them with chili powder, trying to replicate the flavor of elote, the popular grilled seasoned corn served in Mexico.

In 1991, Monta?ez asked for a meeting with PepsiCo CEO Roger Enrico to pitch his spicy Cheetos, confident they would be a hit with the Latino community. Enrico granted the meeting, liked the presentation and directed the company to develop spicy Cheetos, according to the lawsuit.

Monta?ez said PepsiCo sent him on speaking engagements and actively promoted his story. But in the meantime, Monta?ez claims the company’s research and development department shut him out of its discussions and testing.

PepsiCo introduced Flamin’ Hot Cheetos in 1992.


Monta?ez says he continued to develop spicy snacks, like Flamin’ Hot Popcorn and Lime and Chili Fritos, and in 2000 he was promoted to a business development manager in Southern California. Monta?ez eventually became PepsiCo’s vice president of multicultural marketing and sales.

Monta?ez said demand for speaking engagements was so great that he retired from PepsiCo in 2019 to become a motivational speaker full time. He published a memoir in 2021 and his life story was made?into a movie, “Flamin’ Hot,” in 2023.

But according to the lawsuit, PepsiCo turned on Monta?ez in 2021, cooperating with a Los Angeles Times piece that claimed others in the company were already working on spicy snacks when Monta?ez approached them, and that they – not Monta?ez – came up with the name, “Flamin’ Hot.”

Monta?ez said PepsiCo’s about-face has hurt his speaking career and other potential opportunities, including a documentary about his life.

He is seeking damages for discrimination, fraud and defamation.