Texas Pete's Hot Sauce, sued for not being from Texas. (The family and factory in which it's made is fron NC.)

[lxskllr]

Dunno if El Yucateco's >*, but it's damned good, and I always have some on hand. Green and brown are my gotos.

 

[BoomerD]

I love pequins, one of the few things that'll grow in my yard without a ton of watering. The birds love them too though so gotta be quick picking them when they turn red. I used to take them to school and tell other kids they were candy.

I often worked with the Mexican crews on construction jobs. One crew always had bags of pequins. The first time I ate lunch with them, they offered me some. "Here, try these. Mexican candy." I knew I was gonna get burned...Holy fucking fuck...those were HOT! I ate all they gave me...and asked for more. My face was beet red, I was sweating and cussing...but couldn't stop eating them.

We had some neighbors a few years ago from Arizona. They grew a tiny little roundish pepper (chiltepin pepper) that packed a punch.

 

[snoopy7548]

This stuff is really good and probably better than any other hot sauce I've had. I found it at the grocery store a few years ago, but apparently there's a shortage and the store doesn't carry it anymore.

https://www.amazon.com/Valentina-Salsa-Picante-Mexican-Sauce/dp/B0000GHNW2

 

[SMOGZINN]

This stuff is really good and probably better than any other hot sauce I've had. I found it at the grocery store a few years ago, but apparently there's a shortage and the store doesn't carry it anymore.

https://www.amazon.com/Valentina-Salsa-Picante-Mexican-Sauce/dp/B0000GHNW2

Yes! That is the Valentina I was talking about a few posts back. What would you say the flavor profile is? Unlike most other hot sauces it has a definite spice flavor other then the peppers. Cumin maybe?

I often worked with the Mexican crews on construction jobs. One crew always had bags of pequins
....
They grew a tiny little roundish pepper (chiltepin pepper) that packed a punch.

Generally speaking the smaller the pepper the hotter it is. The pequins are native to my area, and can actually be found growing wild. I had 3 bushes that produced so many peppers that even with the birds getting to them I had bags of them to give them away. All three bushes died in the freeze last year. I've planted some more but it will be a few years before they start producing that number of peppers again. Until then I'll be relying on others for my pequin fix. I wasn't kidding about having a jar of them on my table.

 

[SteveGrabowski]

I often worked with the Mexican crews on construction jobs. One crew always had bags of pequins. The first time I ate lunch with them, they offered me some. "Here, try these. Mexican candy." I knew I was gonna get burned...Holy fucking fuck...those were HOT! I ate all they gave me...and asked for more. My face was beet red, I was sweating and cussing...but couldn't stop eating them.

We had some neighbors a few years ago from Arizona. They grew a tiny little roundish pepper (chiltepin pepper) that packed a punch.

I stand corrected, it's not pequin but those little chiltepins that I grow in my yard. Thought they were the same thing lol. Yeah those little chiltepins are hot. Great for adding some heat to a breakfast taco when I don't feel like making pico or salsa.

 

[MrSquished]

Yes! That is the Valentina I was talking about a few posts back. What would you say the flavor profile is? Unlike most other hot sauces it has a definite spice flavor other then the peppers. Cumin maybe?


Generally speaking the smaller the pepper the hotter it is. The pequins are native to my area, and can actually be found growing wild. I had 3 bushes that produced so many peppers that even with the birds getting to them I had bags of them to give them away. All three bushes died in the freeze last year. I've planted some more but it will be a few years before they start producing that number of peppers again. Until then I'll be relying on others for my pequin fix. I wasn't kidding about having a jar of them on my table.

I looked at three grocery stores yesterday and nobody had Valentina, and of course Sriracha was all out.

Anybody have a Sririacha favorite besides the main brand?

 

[nakedfrog]

Dunno if El Yucateco's >*, but it's damned good, and I always have some on hand. Green and brown are my gotos.

It is very good, I've had that on hand consistently for probably over a decade, but just the red habanero and more recently the chipotle variety (which I had to order online).

 

[Torn Mind]

Pretty interesting pleading to read through. I think the lawyer(s) who drafted the document will probably be able to keep some parts of suit alive for a portion of the legal process.

As for my 'layperson, gut response', I would say it seems like a bit of a predatory suit to get some settlement money, but not necessarily meritless or frivolous.

Some copy/paste from the pleading itself:
COUNT ONE
Violation of California Unfair Competition Law
(Cal. Bus. & Prof. Code §§ 17200, et seq.)
(On Behalf of the California Subclass)

COUNT TWO
Violation of California False Advertising Law
(Cal. Bus. & Prof. Code §§ 17500, et seq.)

COUNT THREE
Violation of California Consumers Legal Remedies Act
(Cal. Civ. Code §§ 1750, et seq.)
(On Behalf of the California Subclass)

COUNT FOUR
Breach of Warranty
(On Behalf of the Nationwide Class and California Subclass)

COUNT FIVE
Unjust Enrichment/Restitution

 

[mindless1]

Ridiculous lawsuit because labeled, made somewhere else not texas.

I think I'll go sue Keebler because cookies not made by elves in a hollow tree.

 

[VirtualLarry]

Ridiculous lawsuit because labeled, made somewhere else not texas.

I think I'll go sue Keebler because cookies not made by elves in a hollow tree.

Yep, just another self-rightious, stupid passionate Texan. Who thinks that just because they can't properly read a label, that the rest of us with at least a rudimentary education can't, either.

 

[nakedfrog]

Pretty interesting pleading to read through. I think the lawyer(s) who drafted the document will probably be able to keep some parts of suit alive for a portion of the legal process.

As for my 'layperson, gut response', I would say it seems like a bit of a predatory suit to get some settlement money, but not necessarily meritless or frivolous.

1) You need a new/better hobby

2) No, this is clearly meritless bullshit

 

[pcgeek11]

Yep, just another self-rightious, stupid passionate Texan. Who thinks that just because they can't properly read a label, that the rest of us with at least a rudimentary education can't, either.

He isn't a Texan, he is from California. From the article linked:

" When California resident Philip White purchased a bottle of Texas Pete at a Ralph’s supermarket in September 2021, he believed it was made in Texas, according to the complaint, filed by The Clarkson Law Firm on behalf of White on Sept. 12. in Los Angeles federal court. "

 

[Torn Mind]

1) You need a new/better hobby

2) No, this is clearly meritless bullshit

1. I got shoved into this amateur level of dealing with law because of misconduct on the part of other parties. I don't like lawyers, but knowing this is a form of legal self-defense against abuses of law. It took me 33.5 years to get into a law library, never even considered law for the first 29. But I have no vested interest in protecting the legal system, their practitioners, or the laypeople who game the system hence I'm more than willing to snitch on the pathways to legal misconduct lawyers, cops, and savvier laypeople exploit.

2. I am looking through the cited cases in the pleading, starting with one Juan de Dios Rodriguez v. Olé Mexican Foods Inc. https://www.bakerlaw.com/webfiles/Privacy/2021/Newsletters/ole-minutes.pdf

The judge is someone many here would deem clearly competent and of favorable mindset. https://en.wikipedia.org/wiki/Jesus_Bernal

Although the Products include disclosures in the back of the label that the tortillas are
“Made in the U.S.A.” and manufactured in Norcross, GA (RJN Exs. A-D, Mot. at 17), the
alleged misrepresentations are prominently displayed in the front label, and the Ninth Circuit has
noted that a reasonable consumer is not “expected to look beyond misleading representations on
the front of the box to discover the truth.” Williams, 552 F.3d at 939; see also Jou v. Kimberly-
Clark Corp., 2013 WL 6491158, at *9 (N.D. Cal. Dec. 10, 2013) (a “[d]efendant cannot rely on
disclosures on the back or side panels of the packaging to contend that any misrepresentation on
the front of the packaging is excused”). In any event, while Defendant counters that these
disclosures are not “back-label” or “fine-print,” the Court finds that “[t]he effect of the
disclosures cannot be determined as a matter of law on the present record.” Shalikar, 2017 WL
9362139, at *8. Thus, “the facts of this case … do not amount to the rare situation in which
granting a motion to dismiss is appropriate.” Williams, 552 F.3d at 939.
The Court therefore DENIES Defendant’s Motion as to Plaintiff’s UCL, CLRA, and
FAL claims.

I am not saying that the Plaintiff, a Los Angeles resident, is right. But that his complaint is not likely to be ended early in the legal process by the likes of a motion to dismiss or summary judgment. Because it will likely survive such a motion to dismiss, that means the case will be require a serious battle to determine an outcome. Since there is plenty of room for interpretation, judicial bias, etc nothing is open and shut in a matter like this.

 

[nakedfrog]

1. I got shoved into this amateur level of dealing with law because of misconduct on the part of other parties. I don't like lawyers, but knowing this is a form of legal self-defense against abuses of law. It took me 33.5 years to get into a law library, never even considered law for the first 29. But I have no vested interest in protecting the legal system, their practitioners, or the laypeople who game the system hence I'm more than willing to snitch on the pathways to legal misconduct lawyers, cops, and savvier laypeople exploit.

2. I am looking through the cited cases in the pleading, starting with one Juan de Dios Rodriguez v. Olé Mexican Foods Inc. https://www.bakerlaw.com/webfiles/Privacy/2021/Newsletters/ole-minutes.pdf

The judge is someone many here would deem clearly competent and of favorable mindset. https://en.wikipedia.org/wiki/Jesus_Bernal


I am not saying that the Plaintiff, a Los Angeles resident, is right. But that his complaint is not likely to be ended early in the legal process by the likes of a motion to dismiss or summary judgment. Because it will likely survive such a motion to dismiss, that means the case will be require a serious battle to determine an outcome. Since there is plenty of room for interpretation, judicial bias, etc nothing is open and shut in a matter like this.

Yeah, but you don't HAVE to spend your own personal time looking into a bullshit lawsuit in another state, hence me saying "you need a new/better hobby".

 

[mindless1]

Anyone on this forum that has more than 7,208 posts, needs a better hobby.

 

[Torn Mind]

Yeah, but you don't HAVE to spend your own personal time looking into a bullshit lawsuit in another state, hence me saying "you need a new/better hobby".

I believe it's just reading the information presented to get a full understanding of the situation. After all, the complaint was presented in the article for all to access and it has educational value by bringing to light the case history in such matters.

It does seem to appear that Los Angeles Californians are bringing some of these suits. This one, the aforementioned Rodriguez v. Olé Mexican Foods Inc., and the cited Matin Shalikar v. Asahi Beer U.S.A., Inc. all have Los Angeles residents and attorneys filing these suits.

Given the background of the plaintiffs, counsel, and the judges for Rodriguez and Matin's case(they were appointed by Mr. Obama), such decisions may be borne out of protecting the general principle of "consumer protection" for less advantaged individuals. Not everyone is "legally inclined" and thus may read only the front label.

 

[Captante]

This stuff is really good and probably better than any other hot sauce I've had. I found it at the grocery store a few years ago, but apparently there's a shortage and the store doesn't carry it anymore.

https://www.amazon.com/Valentina-Salsa-Picante-Mexican-Sauce/dp/B0000GHNW2

Just about my favorite "Mexican-style" hot sauce!

For a LONG time they had shelves and shelves of the stuff in my local Dollar-Tree store (the one where everything WAS $1!) and I stocked up with at least 25 bottles!

Tragically I'm down to the LAST ONE now and lately I can't find it locally! (I guess the shortage explains why)

 

[Captante]

2) No, this is clearly meritless bullshit

Okay I'll bite..... how is "Texas" being used without the word "style" (or something similar) next to it not false-advertising? I must admit the ONE time I purchased that watery crap I DID think it was from Texas! (I was in a hurry or I would have read the label and likely put it back on the shelf!)





Seems pretty much cut & dried to me unless the defense is that only "Pete" and his hot-sauce recipe was intended to be "from Texas" not the actual sauce itself. (say what you will about Texas BUT no self-respecting Texan would make OR serve that swill!)

However if you were to say the suit is a moronic waste of the courts time and 100% a lame-a$$ cash-grab I would have no argument!

 

[nakedfrog]

Okay I'll bite..... how is "Texas" being used without the word "style" (or something similar) next to it not false-advertising? I must admit the ONE time I purchased that watery crap I DID think it was from Texas! (I was in a hurry or I would have read the label and likely put it back on the shelf!)

This is why we can't have nice things.
I refer you to this post, is this also somehow "false advertising"? It doesn't say "Texas STYLE" toast, it says "Texas Toast".

You think that's bad?
View attachment 68906

Seems pretty much cut & dried to me unless the defense is that only "Pete" and his hot-sauce recipe was intended to be "from Texas" not the actual sauce itself. (say what you will about Texas BUT no self-respecting Texan would make OR serve that swill!)

It's just a product name, not a statement of origin.

However if you were to say the suit is a moronic waste of the courts time and 100% a lame-a$$ cash-grab I would have no argument!

Well, that IS what I'm saying.

 

[VirtualLarry]

It's just a product name, not a statement of origin.

Are you telling me that Ore-Ida "French Fries" are not from France??? LAWSUIT TIME!!!

French's Mustard? (Don't they have the flag of France on the packaging?)

Boston Market Frozen Meals?

 

[Captante]

Well, that IS what I'm saying.

And I agree.... however that doesn't mean naming that stuff with "Texas" isn't about creating a false impression. (otherwise they would have just named it "Carolina Petes" and not stuck a "Cowboy" on the label!)

The word I would use here would be "frivolous" in the sense that the case is so trivial as to not really matter at all. "Without merit" implies the facts of the case are actually incorrect, not so much that they're a waste of the courts time.

 

[nakedfrog]

And I agree.... however that doesn't mean naming that stuff with "Texas" isn't about creating a false impression. (otherwise they would have just named it "Carolina Petes" and not stuck a "Cowboy" on the label!)

The word I would use here would be "frivolous" in the sense that the case is so trivial as to not really matter at all. "Without merit" implies the facts of the case are actually incorrect, not so much that they're a waste of the courts time.

What about the New York Bakery's "Texas Toast" then?
I completely disagree that sticking "Texas" in the name provides a false impression to a reasonable consumer. It's without merit because it's fucking stupid, there's no false advertising here, it doesn't SAY it's from Texas anywhere on it.

 

[Captante]

"Texas-Toast" is a commonly available product made by more than one company and/or restaurant (DUNKIN has "Texas Toast" lol) it's not really comparable.

What might be a fair example however would be a "NY Pizza" that's actually made in Wisconsin but its ads/label implies otherwise. The "NY" part would unquestionably be total bullshit but it's not worthy of a court of laws time.

 

[MrSquished]

I'm suing frosted flakes because Tony the tiger's not real

 

[Captante]

*Just a brief reminder that here in OT (unlike that OTHER place!) it's still possible to be laughing WITH you!