A federal judge has given the green light to a class action lawsuit alleging the maker of Texas Pete has fooled shoppers into thinking the hot sauce was made in Texas – despite the company’s argument that the back label shows it is based in North Carolina.

Los Angeles federal judge Maame Ewusi-Mensah Frimpong on July 31 denied T.W. Garner’s motion to dismiss the case, which drew considerable media attention when it was filed earlier this year.

The lawsuit says consumers will pay more for a hot sauce if they believe it was made in Texas and T.W. Garner took advantage of that by putting the state in its brand name, as well as using a lone star and a cowboy on the product label.

[YGTBFKM ~ Beege]