A California resident named Philip White is suing Texas Pete hot sauce because the famous hot sauce is made in North Carolina — not Texas. According to USA Today, White purchased a bottle of Texas Pete last year and believed that the hot sauce was made in Texas.

The Clarkson Law Firm filed a complaint on behalf of White that alleges that consumers care about the geographic origin of a product and Texas Pete was misleading people. The complaint alleges that the brand was trying to capitalize on an association with Texas, stating that “the state of Texas enjoys a certain mysticism and appeal in the consumer marketplace and is known for its quality cuisine, spicy food, and hot sauce in particular.”

On the Texas Pete website, Texas Pete gives a history of their company that begins, “So how is it that a tasty red pepper sauce made in North Carolina happens to be named ‘Texas Pete’ anyway?” According to Texas Pete, this hot sauce was made by the Garner family and named after the nickname of one of the sons.

The Garners wanted to capture cowboy imagery “representing a sort of universal image of rugged independence and self-reliance, the perfect ideal for a family business trying to survive tough times.”

Fox 4 News reported that Texas Pete will have until Nov. 10 to respond to this complaint.

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Texas Pete has not made a statement about the lawsuit yet.

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