EXPLAINER

Who invented Flamin’ Hot Cheetos is now up for debate in a new lawsuit against Frito-Lay

Richard Montañez is suing Frito-Lay, claiming the company launched a “smear campaign” against him in 2021

By Joy Saha

Staff Writer

Published August 3, 2024 10:43AM (EDT)

Flamin' Hot Cheetos are offered for sale at a store on April 19, 2024 in Chicago, Illinois. (Scott Olson/Getty Images)
Flamin' Hot Cheetos are offered for sale at a store on April 19, 2024 in Chicago, Illinois. (Scott Olson/Getty Images)

A former PepsiCo executive is suing Frito-Lay, claiming the company launched a “smear campaign” against him after they claimed he didn't invent Cheetos’ popular Flamin' Hot flavor.

Richard Montañez — who worked as a janitor before becoming vice president of multicultural marketing and sales — accused his former employer of making “false statements" and asserted that he would not let Frito-Lay take away his legacy.

“I created Flamin’ Hot Cheetos not only as a product but as a movement and as a loyal executive for PepsiCo,” Montañez said in a news release, per Delish. “PepsiCo believed in me as a leader because they knew people would follow me, and they did because they knew my soul is my community. We built this into a $2 billion industry, and I cannot let them take away my legacy or destroy my reputation. I will not let them silence me.”

According to his lawsuit, Montañez created the beloved flavor after a machine in the plant he worked in broke down and left behind a batch of unflavored Cheetos. Montañez took those chips home and seasoned them with chili powder in an attempt to mimic the flavor of Mexican elote — a popular street food consisting of grilled corn covered in mayo sauce, chili powder, cheese and lime.

Montañez later pitched his creation to then-CEO Roger Enrico, the lawsuit added. Enrico, who was willing to meet with Montañez, loved the presentation so much that he instructed Frito-Lay to start making and selling the hot Cheetos. In 2000, Montañez was promoted to a business development manager in Southern California and eventually, became PepsiCo’s vice president of multicultural marketing and sales.  

In 2019, Montañez retired from PepsiCo to become a motivational speaker full-time. In 2021, he published a memoir titled “Flamin' Hot: The Incredible True Story of One Man's Rise from Janitor to Top Executive.” Montañez’s life story was also made into a Hulu feature film, “Flamin’ Hot,” in 2023.

However, in 2021, Frito-Lay allegedly went against Montañez, telling the Los Angeles Times that their records didn’t show Montañez “was involved in any capacity in the Flamin' Hot test market.”    

“That doesn't mean we don't celebrate Richard but the facts do not support the urban legend.” the company said.


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The LA Times report further claimed that the “Flamin’ Hot” flavor was created in 1989 by a team of snack food professionals based in Plano, Texas. A junior employee named Lynne Greenfeld was assigned to develop the brand — she came up with the Flamin’ Hot name and is credited with the snack’s success, per Frito-Lay. Same with Fred Lindsay, a retired Frito-Lay salesman from the South Side of Chicago who told the LA Times, “I’m the one that was responsible for getting us into Flamin’ Hot products.”

In his recent complaint, Montañez argued that he has been the victim of fraud, racial discrimination, defamation, and violations of California's Unfair Competition Law (UCL).

Despite the naysayers, Montañez’s origin story is believed to be true by Jesse Garcia, who plays Montañez in the “Flamin’ Hot” film.   

“I am letting the family give that kind of information, but I believe him,” Garcia told Salon.


By Joy Saha

Joy Saha is a staff writer at Salon. She writes about food news and trends and their intersection with culture. She holds a BA in journalism from the University of Maryland, College Park.

MORE FROM Joy Saha


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Explainer Flamin Hot Cheetos Food News Frito-lay Hulu Pepsico Richard Montañez