A lawsuit alleges that Texas Pete is misleading customers because the brand is not made or manufacturer in Texas.
Courtesy of Texas Pete
A California judge says that the lawsuit can continue against the Texas-branded hot sauce found on store shelves and used by Chick-fil-A. Judge Maame Ewusi-Mensah Frimpong denied a request on Thursday, August 3, from T.W. Garner Food Co. to dismiss a lawsuit from a California man named Philip White who claims that Texas Pete Hot Sauces is misleading consumers into thinking it is made in Texas, reports North Carolina station Fox 8.
The lawsuit was originally filed in September 2022, with White claiming that Texas Pete, made by North Carolina company T.W. Garner Food Co., is duping people by using Texas in its name along with a lone star and a lasso.
The order comes even though T.W. Garner Food Co. countered that a lone star, lasso, and cowboys are not exclusive to Texas. The company says that its address is also clearly printed on the label.
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“Though it is true that the imagery of the solo white star and lassoing caricature are not exclusive to the state of Texas, taking the imagery and text of the label as a whole, this argument does not discount the possibility that a reasonable consumer would believe that the products are based in or originate from Texas,” the judge writes in the order obtained by Fox 8.
White is asking T.W. Garner Food Co. to change the name and to pay an unknown amount.
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