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 Wednesday, US District Judge John Holcomb said
The Santa Ana -based, -based judge in the caliph, also said that Pepsico did not designate Montanez, suspecting he refused in 2023 to help a documentary on his life unless he debated his request.
Holcomb said that the current standard of malice for defamation, seeking knowledge of thanksgiving or reckless respect for the truth, was adopted based on the description of Montanez itself “Part of the Cultural Canon” through two best -selling books and a film directed 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 begins 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 speech engagements each year with $ 10,000 to $ 50,000 each, but lost booking after an article in the Los Angeles Times in May 2021 in which Frit-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, District Court in the US, Central County of California, no. 24-01792.
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