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California man files lawsuit after finding out Texas Pete isn't made in Texas
Texas Pete isn't manufactured in Texas and a California man is suing the company because of this.
HOUSTON - Straight from the "Can't make this up" file, a California man is suing a North Carolina hot sauce maker, because their product "Texas Pete" is not from Texas.
It's an issue that may be decided by a jury, which will consider whether a name defines who or what something is.
As baseball fans filed into Minute Maid Park, for game 1 of the ALDS, some responses might suggest the lawsuit has a point. When asked where Texas Pete is from, one man said, "It's called 'Texas Pete'... so, from Texas."
That's what the lawsuit argues. False advertising, it says, after the California man found a bottle of Texas Pete on a supermarket shelf and apparently believed he was buying a taste of Texas.
He did not, it seems, as looking look at the label that plainly shows the product is made by Garner Foods, in Winston-Salem, North Carolina.
The company website says the name dates back to 1929. Pete was Mr. Garner's son, and they liked the rugged identity of Texas.
Still, as much attention as this suit is receiving, there will be a day in court.
FOX 26 senior legal analyst Chris Tritico doubts it gets anything more than a quick dismissal.
"The brand name, Texas Pete, does not say to anyone, 'We promise you this is made in Texas'... and that's really where the problem would lie."
The suit demands monetary damages that Texas Pete change the name and teach customers that the hot sauce that it does not come from Texas. Garner Foods has indicated they are still assessing how they'll respond in court.