Lawsuit Against North Carolina Born Texas Pete Moves Forward As A Judge Says Not So Fast Partner

I remember sometime last year writing about the unusual circumstances surrounding a lawsuit filed against the makers of popular hot sauce brand Texas Pete.  And, I honestly thought no judge would ever give any credence to such a frivolous suit.  However, according to WCNC, this week a judge gave the green light for the suit against the North Carolina makers of Texas Pete to move forward.

To refresh your memory, California man Philip White sued North Carolina based T.W. Garner Foods over claims of false advertising.  He brought the suit after buying the hot sauce.  He alleged he would not have made the purchase if he knew it was not actually made in the state of Texas.

The product is not made in Texas, but instead in North Carolina.  Philip White noticed the discrepancy when he bought the $3 bottle of hot sauce a year ago.  He alleges the labeling, language, name and images mislead consumers.  Furthermore, the suit indicates the ingredients in the sauce come from “sources outside of Texas.”

T.W. Garner Foods in North Carolina makes Texas Pete.  So, the lawsuit claims the beloved Texas Pete is actually from North Carolina.  How does such a mix-up happen in the first place?  It seems T.W. Garner Foods’ Sam Garner and his sons wanted an American name that conjured up thoughts of spicy cuisine.  Texas came to mind right away.  Garner’s son Harold’s nickname was Pete.  That’s how Texas Pete Hot Sauce was born.

The lawsuit alleges the company used false marketing to capitalize on the spicy food associated with The Lone Star State.  So,  what exactly makes up a Texas-style hot sauce?  The complaint says the ingredients should be from Texas with a uniquely Texas flavor profile.  Texas Pete, Tabasco and Frank’s Red Hot are considered standard Louisiana-style sauces.

The complaint wants courts to force Texas Pete to make a name and branding change and pay damages.  As a native Texan, I admit I had no idea of this controversy.  And, I don’t necessarily care where it comes from as long as it’s good.  Of course, the makers of Texas Pete plan to fight the suit and defend their brand.  See here to read T.W. Garner's full statement.

In North Carolina we've got lots to be proud of. We are known for so many things from sports teams to tourism, BBQ, and more. Many companies call the state home with major businesses coming to the state often. But did you know that several of your favorite brands have roots in North Carolina? From soft drinks, to snack foods, to fast-food restaurants, and even pain relievers North Carolina businesses have made a lasting impact. But what are some of these companies? Read on to find out.

Cheerwine was first created in 1917 by Salisbury, North Carolina by L.D. Peeler. The cherry soft drink is still going strong and celebrated its 100 year anniversary a few years ago with a festival in downtown Salisbury.

Learn more about Cheerwine

Mt. Olive was founded in the town bearing the same name back in 1926, with only a 3,600 square foot building and $19,500 in capital, according to their website. Today, Mt. Olive has grown to manufacture the best selling brand of pickles in the Southeast. In fact they just announced they are building a whole new facility in North Carolina.

Get more info on Mt. Olive Pickles here

The fast food chain known for it's Cajun seasoning and Bo'berry biscuits Bojangles' Famous Chicken 'n Biscuits location in 1977 in Charlotte, North Carolina.

Get more info about Bojangles

Get more info on Cookout here

If you have spent much time in North Carolina you are sure to recognize the Hot Doughnuts Now sign. Krispy Kreme was founded by Vernon Rudolph. The chain first opened in 1937 in what is now historic Old Salem in Winston-Salem, North Carolina.

Get more info on Krispy Kreme here

In 1913 Phillip Lott a food broker from Charlotte got stuck with 500 pounds of peanuts. He sold them and was then inspired to create the now popular snack company.

Get more info on Lance Crackers here

Pepsi dates back to New Bern, NC in 1893. It was first introduced as "Brad's Drink" named after it's founder, with the name Pepsi-Cola and eventually just Pepsi coming later. 

Get more info about Pepsi here

No, Texas Pete is not from Texas. Its origins are actually in North Carolina. It was created by the Garner family in Winston-Salem, North Carolina.

Get more info on Texas Pete here

Goody's was produced for many years by the Goody's Manufacturing Company, a family-owned business founded in 1932 and based in Winston-Salem, North Carolina.

Get more info on Goody's here

You may have drank the bottled water and if you have a water cooler at work there is a good chance it is Le Bleu. The company is based out of Greensboro.

Get more info on Le Bleu here