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A California court docket says it won’t dismiss the false promoting lawsuit in opposition to the new sauce maker from North Carolina-based Texas Pete.
On July 31, U.S. District Decide Maame Ewusi-Mensah Frimpong denied the movement to dismiss the lawsuit in a 20-page letter, saying that prospects “might consider — erroneously — that the merchandise originated in Texas.”
“Although it’s true that the imagery of the solo white star and lassoing caricature should not unique to the state of Texas, taking the imagery and textual content of the label as an entire, this argument doesn’t low cost the chance {that a} cheap client would consider that the merchandise are primarily based in or originate from Texas.”
Texas Pete sizzling sauce is produced in Winston-Salem, North Carolina. (iStock / iStock)
The category motion lawsuit, filed on September 12, 2022, by Phillip White, claimed that he bought a bottle of Texas Pete sizzling sauce for about $3 at a Los Angeles grocery store, believing it was produced in Texas, in keeping with the grievance.
TEXAS PETE HOT SAUCE SUED AFTER CONSUMER LEARNS PRODUCTS PRODUCT IS MADE IN NORTH CAROLINA
After studying the new sauce was made in Winston-Salem, North Carolina, he claimed the corporate was utilizing false promoting. He additional claimed that he wouldn’t have purchased the bottle or paid as a lot for it if he had identified the place it was produced.
“By means of its false advertising and marketing and labeling, [Texas Pete] knowingly and deliberately capitalizes on customers’ want to partake within the tradition and genuine delicacies of some of the prideful states in America,” the grievance alleges.
A person in California is suing Texas Pete sizzling sauce for false commercial after studying that the condiment is made in North Carolina — not Texas. (Texas Pete’s Sizzling Sauce / Fox Information)
White’s grievance requested the court docket to power Texas Pete to alter its title and branding, and to offer cash to previous prospects.
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T.W. Garner Meals Co. filed a movement to dismiss the lawsuit on Nov. 10, 2022, saying that the bottle features a label saying that the product is made in North Carolina.
Decide Frimpong dominated that the label just isn’t clear sufficient, writing that, “the again label incorporates no such ‘specific assertion of origin.”
Texas Pete’s Sizzling Sauce is owned by T.W. Garner Meals Co. (Texas Pete’s Sizzling Sauce / Fox Information)
Texas Pete explains the origin of its sizzling sauce on the corporate’s web site.
“So how is it {that a} tasty purple pepper sauce made in North Carolina occurs to be named ‘Texas Pete’ anyway?” reads the web site.
In accordance with the positioning, sizzling sauce creator Sam Garner named the sauce needed to offer the sauce an American title. It says that Garner bestowed the title “Texas Pete” on the sauce due to Texas’ “fame for spicy delicacies” and as a nod to his son Harold’s nickname, Pete.
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T.W. Garner Meals Co. has till Nov. 10 to answer the grievance.
Fox Information’ Stephen Sorace contributed to this report.
