A court case could soon settle a spicy dispute: Who invented Flamin’ Hot Cheetos?

A former PepsiCo executive is suing the company, saying it destroyed his career after questioning his claim that he invented the popular flavor of Cheetos snacks.

PepsiCo said Thursday it has no comment on the lawsuit, which was filed July 18 in California Superior Court.

According to his lawsuit, Richard Montañez began working for PepsiCo as a janitor at its Frito-Lay plant in Ranch Cucamonga, California, in 1977. Montañez was the son of a Mexican immigrant and grew up in a migrant labor camp.

One day, a machine in Montañez’s plant broke down, leaving a batch of unflavored Cheetos. Montañez says he took the batch home and dusted them with chili powder, trying to replicate the flavor of elote, the popular grilled seasoned corn served in Mexico.

In 1991, Montañez asked for a meeting with PepsiCo CEO Roger Enrico to pitch his spicy Cheetos, confident they would be a hit with the Latino community. Enrico granted the meeting, liked the presentation and directed the company to develop spicy Cheetos, according to the lawsuit.

PepsiCo turned on Montañez in 2021, according to the lawsuit, cooperating with a Los Angeles Times piece that claimed others in the company were already working on spicy snacks when Montañez approached them, and that they – not Montañez – came up with the name, “Flamin’ Hot.”

Montañez said PepsiCo’s about-face has hurt his speaking career and other potential opportunities, including a documentary about his life.

He is seeking damages for discrimination, fraud and defamation.