NORTH CAROLINA, USA — A judge ruled a lawsuit against the maker of Texas Pete can move forward.
Attorneys representing T.W. Garner Food Company filed a motion to dismiss a lawsuit against Texas Pete. However, the judge denied this motion.
T.W. Garner Food Company released a statement after hearing the judge's decision.
"We will vigorously defend ourselves from these meritless claims. We would like to thank our customers, employees, vendors, and the public for your outpouring of support, as well as, your creative commentary. You are the reason the Texas Pete® brand is so special.
We are proud of the long and storied history of the Texas Pete® brand. You can find the origin story of Texas Pete® in the opening sentence on our About page here: https://texaspete.com/about/. Nearly a century ago, the founders of Garner Foods wanted a name to connote the spicy flavor of what would become their signature sauce and the American heritage of the company. This was at a time long before “hot sauce” was even commonly known or had been widely adopted as one of America’s favorite condiments. We first registered the Texas Pete® trademark in 1953 and registered the official name “Texas Pete” in 1960. Since then, we’ve been proudly producing our signature hot sauce for a growing community of loyal and passionate customers who have embraced the Texas Pete® brand in a very personal way."
The company, based in Winston-Salem, is being sued for making its hot sauce in North Carolina.
Philip White, a man from California, is suing T.W. Garner Food Company for false advertising. White said the title on the bottle is misleading. He also said he would have never bought the hot sauce if he knew it wasn't made in Texas.
White filed the lawsuit last year. He claims the company "cheated its way to a market-leading position in the $3 billion dollar hot sauce industry".
He claims there's nothing "Texas" about the ingredients, as they are similar to ingredients found in standard Louisiana-style hot sauces. He also pointed out that the hot sauce is made outside of Texas.
The lawsuit is asking for the company to remove the word "Texas" from its labels and for damages.
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