Richard Montañez, the former PepsiCo and Frito-Lay executive, has lost his lawsuit against the snack giant in which he claimed to have invented Flamin' Hot Cheetos. A U.S. District Judge, John Holcomb, dismissed the case, stating that Montañez failed to provide adequate evidence that PepsiCo intentionally avoided crediting him for the creation of the popular spicy snack or defamed him by withholding support for a documentary unless it refuted his claim, Reuters reported.

Montañez had asserted that he developed the concept for Flamin' Hot Cheetos in the late 1980s after experimenting with seasonings inspired by elote, a traditional roasted Mexican street corn. However, the court found Montañez's public profile required him to meet the 'actual malice' standard for defamation, which involves proving a knowing falsehood or reckless disregard for the truth. Frito-Lay has previously contested his narrative, labeling it an 'urban legend' as noted in a 2021 Los Angeles Times article.

Despite this setback, Montañez's story has captured public attention, as reflected in his books and the 2023 film 'Flamin’ Hot,' directed by Eva Longoria. Montañez, who began his career as a janitor before rising to the position of Vice President of Multicultural Marketing at Frito-Lay, argued that the controversy has negatively impacted his professional engagements and potential income opportunities.