WINSTON-SALEM, N.C. — The makers of Texas Pete Hot Sauce are facing a lawsuit for product not actually being made in Texas, but in North Carolina.
California resident Philip White filed a lawsuit in September 2021 in California Central District Court against the hot sauce's producers, North Carolina-based T.W. Garner Food Co., saying that the product is falsely advertised after believing the brand was actually from Texas.
The lawsuit says "By representing that its Texas Pete brand hot sauce products ("Products") are Texas products," when they are not.
The hot sauce was originated at a Winston-Salem barbecue restaurant in 1929.
The lawsuit also claims the Defendant has 'cheated its way' to a market-leading position in the $3 billion-dollar hot-sauce industry.
The lawsuit continues to go on to claim that the company "knowingly and intentionally capitalizes on consumers' desire to partake in the culture and authentic cuisine of one of the most prideful states in America."
Becoming 'Texas Pete'
Texas Pete was founded in Winston-Salem, North Carolina in 1929 by Sam Garner and three sons; Thad, Ralph and Harold.
They were trying to come up with a name for a spicy sauce they had just created. Sam suggested moving across the border to Texas, which has a reputation for spicy cuisine. He then looked at his son Harold, who's nickname was "Pete" and the Texas Pete brand was born.
Texas Pete Hot Sauce wasn't their first product they made and sold. That distinction belonged to Garners' Barbecue Sauce.
Company history
Sam, Thad, Ralph, and Harold formed a partnership in 1946 incorporating into T.W. Garner Food Company, as it is known today.
They came up with a number of products under the Texas Pete brand name to complement their popular hot sauce. These include hot dog chili, honey mustard, seafood cocktail, green pepper sauce, Worcestershire sauce, and buffalo wing sauce.
Members of the third and fourth generations of the Garner family have followed in their elders' footsteps.
Today the company celebrates its 80th year in business. The current factory was built in 1942 and sits on the original Garner family home site in northwest Winston-Salem. The legendary Texas Pete, proud of his cowboy heritage but also a proud North Carolinian, continues to thrive.
What happens now?
The complaint calls for T.W. Garner Food Co. to change its branding in addition to monetary damages and penalties.
The company has until November 10 to respond to the complaint.