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Intellectual Property,
Civil Litigation

May 30, 2025

Judge tosses Flamin' Hot Cheetos defamation suit, cites anti-SLAPP law

A federal judge in Santa Ana has dismissed a defamation lawsuit brought by Richard Montañez, the former Frito-Lay janitor who claims to have invented Flamin' Hot Cheetos. The court ruled the company's public denials were protected under California's anti-SLAPP statute, but left the door open for an amended complaint.

A Santa Ana federal judge ruled that Frito-Lay's public denials of a former employee's claim to have invented Flamin' Hot Cheetos were protected under California's anti-SLAPP law and did not support a defamation claim.

In an order on Wednesday, although U.S. District Judge John W. Holcomb found the complaint did not demonstrate a likelihood of success, he allowed Ellis George LLP partner Eric M. George - who represents Richard Montañez - an opportunity to amend the...

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