A Los Angeles man is fed up with marketing lies! And he shows his frustration in court. In accordance with Nextstar Media, Philip White filed a class action lawsuit v. TW Garner Food Co . He claims the parent company defrauded him when he bought a $3 bottle of Texas Pete hot sauce. The purchase was made at Ralph’s grocery store in September 2021.
Phillip alleges that TW Garner “cheated its way into market leadership in the $3 billion hot sauce industry at the expense of law-abiding competitors and consumers across the country who want authentic Texas hot sauce.”
The lawsuit claims there is nothing Texan about Texas’ signature hot sauce
The suit also details the look of the Texas Pete logo. White says it includes “the famous white ‘lone’ star from the Texas flag along with the ‘cowboy with the lasso.’
But, despite the southern influence, there is “No wonder Texas” about the sauce, according to the color. And White’s claims appear to be supported the history of gravythe Texas Pete website reports.
The “delicious red pepper sauce made in North Carolina” got the name Texas Pete at the suggestion of marketing. Sam Garner and his three sons, Tad, Ralph and Harold, invented hot spices new sauce, and the advisor recommended Mexican Joe. But Sam wasn’t into it, instead wanting an “American name.”
“Sam suggested they move across the border to Texas, which also had a reputation for spicy food. Then he looked at his son Harold, who was called ‘Pete’ and was born Texas Cowboy Pete.’
Over the years, the company has launched several products, from chili and honey mustard hot dogs to Texas Pete-branded seafood cocktail and green pepper sauce. The factory, which produces branded products, is located in the northwest of Winston-Salem “on the original site of the Garner family home.”
“Uncovering the thought process behind the brand name, [T.W. Garner Food Co.] acknowledges that Texas’ reputation was one that they sought to imitate and capitalize on in building their brand,” Philip’s lawsuit alleges.
Philip says he only bought the sauce because of its label
According to the lawsuit, Philip wouldn’t buy sauce if he knew it was made in North Carolina. The campaign, Phillip says, is hurting Texas businesses and misleading customers.
“White relied on the language and images displayed on the product’s front label and, at the time of purchase, realized that the product was a Texas product,” the lawsuit states.
As a result, Philip is looking for a company to change the name and brand. It is not yet clear whether he is also seeking compensation. TW Garner Food Co. has not yet responded to the lawsuit.