A Los Angeles man is sick of marketing lies! And he is venting his frustration in court. Based on Nexstar Media Wire, White Phillip filed a class-action lawsuit against TW Garner Food Co. The purchase took place at Ralph’s grocery store in September 2021.
Phillip claims TW Garner “cheated to gain market leadership in the $3 billion sauce industry at the expense of law-abiding competitors and consumers across the country.” desire authentic Texas sauce.”
Lawsuit says Texas-branded sauce has nothing Texas
The suit also features the look and feel of the Texas Pete icon. White says it includes “The famous ‘lonely’ white star on the Texan flag alongside a ‘lewd cowboy’.”
But despite the influence down south, there “Surprisingly nothing Texas” About the sauce, according to the suit. And White’s claim seems to be backed up by the sauce’s history, as Texas Pete’s website puts it.
The “Delicious Red Pepper Sauce Made in North Carolina” got the name Texas Pete from a suggestion of a marketing consultant. Sam Garner and his three sons Thad, Ralph and Harold invented a new spicy sauce, and the advisor suggested ‘Mexican Joe’. But Sam didn’t stay with it, wanting an “American name” instead.
“Sam suggested they move across the border to Texas, which is also famous for its spicy food. Then he glanced at his son Harold, who was nicknamed “Pete,” and Texas cowboy Pete was born. “
Over the years, the company has produced a number of products, from hot dogs and honey mustard to seafood cocktails and green pepper sauces under the Texas Pete brand. The factory for the production of branded products is located northwest of Winston-Salem “On the home page of the original Garner family.”
“In revealing the thought process behind my brand name, [T.W. Garner Food Co.] acknowledges that the reputation of Texas is the reputation they are attempting to imitate and capitalize on when creating their brand,” Phillip’s lawsuit claims.
Phillip said he only bought the sauce because of its label
According to the lawsuit, Phillip would not have purchased the sauce if he had known it was made in North Carolina. Phillip says the company is harming Texas companies and misleading customers.
“White is based on the language and image displayed on the front label of the product, and at the time of purchase the product was construed as a Texas product,” the lawsuit states.
Therefore, Phillip is wanting the company to change its name and rebrand. It is not clear if he will claim compensation. Food company TW Garner has yet to respond to the lawsuit.