A California man is suing the maker of Texas Pete hot sauce for false advertising because it's made in North Carolina, not Texas

• A man is suing the maker of Texas Pete hot sauce because it's not actually made in Texas.
• The lawsuit claims the company violated advertising and competition laws by labeling it as a "Texas" product.

A California man is suing hot sauce brand Texas Pete over the fact the sauce is not made in the state, but instead made hundreds of miles away in North Carolina.

Philip White alleged in the 49-page class-action lawsuit, filed in September, that the sauce's manufacturer had violated advertising and competition laws. As well as its name, the lawsuit argues that its packaging, which includes a cowboy holding a lasso and a "lone star" like the one in the state's flag, make the product look like it's from Texas.

Texas Pete is made by TW Garner Foods Co., which is headquartered in Winston-Salem, North Carolina, some 800 miles from the eastern border of Texas. The lawsuit says that the company "has cheated its way to a market-leading position" by labeling its product as a Texas product.

There is "surprisingly nothing Texas" about the product, the lawsuit says: "The products are standard Louisiana-style hot sauces, made with ingredients sourced outside the state of Texas, at a factory in North Carolina."

A bottle label reviewed by Insider describes Texas Pete as a "product of the USA" and lists Garner Foods' North Carolina headquarters. It does not specify where the ingredients come from, and nowhere on the bottle does it claim to be made in Texas.

Unlike "Louisiana-style" sauces, which can be made anywhere using ingredients sourced from inside or outside the Pelican State, using "Texas" in a sauce's name suggests that it was either made in Texas or using ingredients from the state, the lawsuit says.

The lawsuit alleges that Garner Foods "concocted this false marketing and labeling scheme" to play into interest in Texas as well as the popularity of the state's cuisine and hot sauce.

"The geographic origin of a product matters to consumers, and a company is therefore prohibited from misrepresenting it," the lawsuit says.

A webpage about the brand's history acknowledges that the product is made in North Carolina and that the name "Texas Pete" was coined in 1929 based on Texas' reputation for spicy food and the nickname of the founder's son.

"We are aware of the current lawsuit that has been filed against our company regarding the Texas Pete brand name," a Garner Foods spokesperson told Insider. "We are currently investigating these assertions with our legal counsel to find the clearest and most effective way to respond."

The lawsuit says that White bought a bottle of Texas Pete Original Hot Sauce in September 2021 for around $3. "Had White known the product was not made in Texas, he would not have purchased the Product, or would have paid significantly less for it," the lawsuit says.

The lawsuit asks for damages to be paid to customers who paid a price premium for the product based on the belief it was a genuine Texas product, as well as an order requiring the company to change its advertising and labeling practices.

The two parties met to discuss the lawsuit, according to a court filing. Garner Foods has until November 10 to respond to the complaint.