A man bought a bottle of Texas Pete original hot sauce for $3 before discovering it is from North Carolina and not Texas.
If he knew the sauce was made in Winston-Salem before purchasing it, he says he never would have bought it, according to a class-action lawsuit filed against the company producing Texas Pete hot sauce.
However, Phillip White, of California, argues the bottle’s imagery — including a cartoon cowboy spinning a lasso underneath the state flag’s “famed white ‘lone’ star” — duped him into believing the sauce was from Texas, and is therefore “deceptive,” according to a complaint filed Sept. 12.
“There is nothing ‘Texas’ about Texas Pete,” the 49-page complaint states.
White is suing T.W. Garner Food Co. over the brand’s “false marketing and labeling scheme,” accusing it of violating the nation’s consumer protection laws, on behalf of those who bought the sauce under similar impressions, according to the lawsuit.
The company told McClatchy News that it is aware of the lawsuit in a statement on Oct. 10.
“We are currently investigating these assertions with our legal counsel to find the clearest and most effective way to respond,” the statement said.
White’s lawsuit demands a trial by jury and seeks to have Texas Pete hot sauce rebranded by having the company change its “unlawful advertising and labeling practices,” the complaint says.
T.W. Garner Food Co. “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 states.
Texas Pete hot sauce has existed in the U.S. for nearly 100 years after it debuted in 1929 when the decade of the Great Depression began.
“So how is it that a tasty red pepper sauce made in North Carolina happens to be named ‘Texas Pete’ anyway?” Texas Pete’s website states.
A man named Sam Garner and his three sons created a spicy sauce that needed an “American name.” Garner suggested combining “Texas,” due to the state’s spicy cuisine reputation, and the nickname of his son, which was “Pete.”
Now the T.W. Garner Food Co. factory, built in 1942, is located where the Garner family home once stood in northwest Winston-Salem.
The corporation has a large presence in downtown Winston-Salem and is remaining in its home state, according to NC Rabbit Hole.
“The legendary Texas Pete, proud of his cowboy heritage but also a proud North Carolinian, continues to thrive!” the website says.
Because T.W. Garner Food Co.’s website publicly acknowledges Texas Pete hot sauce is a product of North Carolina, the company admits it’s aware the “labeling is false and deceptive,” according to the complaint.
In 2021, White bought a bottle of Texas Pete hot sauce at a Los Angeles-based Ralph’s store, and the complaint says he may want to buy it again if the company abides by state and federal consumer protection and advertising laws.
To support the assertion that reasonable consumers can fall victim to the company’s alleged deception — and are “shocked” when learning the hot sauce is not from Texas — White’s complaint refers to a video made by TikTok user @ncmuseumhistory.
In the video, the user includes the caption “Texas Pete is from North Carolina, Not Texas” and informs viewers of the brand’s history and origin.
T.W. Garner Food Co. is accused of profiting off of its alleged deception “at the expense of unsuspecting consumers who pay a premium for authenticity,” the complaint says.
The lawsuit argues that when it comes to buying products, geographic origin matters to consumers and points out examples of authentic products such as Mexican tortillas, Belgium chocolate and wine from Napa, Calif. However, Texas Pete products are Louisiana-style hot sauce with ingredients coming from outside of Texas.
“A hot sauce is distinctly ‘Texas’ if it is made in Texas, using Texas ingredients and flavor profiles. … A Texas hot sauce can be Louisiana-style, but it must have its own unique Texas influence and roots,” the complaint states.
White argues that the alleged misleading advertising harms competing brands — specifically hot sauce brands that refer to Texas and are made in Texas.
T.W. Garner Food Co. “has cheated its way to a market-leading position in the $3 billion-dollar hot-sauce industry at the expense of law-abiding competitors and consumers nationwide,” the complaint says.
The lawsuit also seeks to recover monetary damages.
