LOS ANGELES (Legal Newsline) - The maker of Texas Pete hot sauce is being sued because, in the eyes of class action lawyers, it is misleading customers with its name and the cowboy on the bottle.
The Clarkson Law Firm and plaintiff Phillip White sued T.W. Garner Food in Sept. 12 in Los Angeles federal court, claiming the company is using the Texas brand to trick customers into buying Louisiana-style hot sauce that is made in North Carolina.
"In furtherance of its deceptive labeling scheme, Defendant adorns the packaging and labeling with distinctly Texan imagery: the famed white ‘lone’ star from the Texan flag together with a ‘lassoing’ cowboy," the suit says.
"Defendant concocted this false marketing and labeling scheme specifically because it knows the state of Texas enjoys a certain mysticism and appeal in the consumer marketplace and is known for its quality cuisine, spicy food, and hot sauce in particular."
Customers seeking a Texas-style hot sauce are misled into believing that's what Texas Pete is, the lawsuit says.