A lawsuit against Garner Foods for their spicy “Texas Pete” sauce, which is made in North Carolina, seems to have helped the brand by accident.
On September 12, Philip White of Los Angeles filed a class action lawsuit against Winston-Salem-based T.W. Garner Food Co. for what he said was a deceptive promotion of Texas Pete.
Garner Foods admitted awareness of the complaint: “We are aware of the current action that has been brought against our business over the Texas Pete® brand name.
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Together with our legal counsel, we are looking into these claims right now to determine how best to react.
Pattern, an e-commerce accelerator, says that by October 10, demand for Texas Pete spicy sauce had gone up by 71% compared to the average for the whole world in 2022.
Demand Increased by 76% From the Previous Week
As one of Amazon’s top sellers, Pattern has access to data on the volume of searches made on the site for certain terms, in this example, Texas Pete spicy sauce.
The company says that it makes sure the data is correct by comparing it to data from other outside sources.
The lawsuit claims that Philip White purchased a $3 bottle of Texas Pete at a Ralph’s in Los Angeles back in September 2021, which is when everything allegedly began.
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According to the complaint, White would not have bought or would have paid less for the sauce if he had realised it was not from Texas.
Texas Pete’s Advertising
He says that Texas Pete is taking customers away from local businesses that sell real Texas hot sauce. He blames Texas Pete’s advertising for this.
Garner Foods makes no reference to the food being manufactured in Texas on the Texas Pete bottle or website.
The product’s online history begins with the phrase “manufactured in North Carolina,” and the label contains the Winston-Salem address of the T.W. Garner Food Co.
White says that the Texas Pete cowboy with a lasso and a single white star, which are very Texan, is the most important image on the label.
According to the lawsuit, Texas Pete is not at all Texan. Although Texas-style hot sauce does not exist, Texas Pete is a Louisiana-style condiment.
The complaint doesn’t say where Texas Pete gets its ingredients, but it does say that they come from “sources outside of Texas.”
The name Texas Pete was selected, according to the brand’s own history, to allude to Texas’ “reputation for spicy food.”
Hot Sauce Company’s Website Report
According to the hot sauce company’s website, Sam Garner and his sons, Thad, Ralph, and Harold, were trying to come up with a name for their spicy sauce.
Their marketing consultant suggested using the name “Mexican Joe” to suggest the taste that is evocative of the favourite dish of our neighbours to the south. “It’s got to have an American name,” Sam Garner said.
According to the brand’s origins, “Sam proposed they go over the border to Texas, which likewise had a reputation for spicy food.” “The Texas Pete cowboy was born” when he turned to look at his son Harold, who went by the moniker “Pete.”
Texas Pete is accused of creating a “false marketing and labelling scheme,” particularly because it knows the state of Texas has a certain mystique and attraction in the consumer marketplace and is recognised for its great cuisine, spicy food, and hot sauce in particular”. This accusation is expanded upon in the lawsuit.
In his case, White wants the court to order Texas Pete to alter its name and branding and to provide restitution on behalf of any Americans who have bought the product.
The deadline for T.W. Garner Food Co.’s response to the grievance is November 10.