Richard Montañez’s rags-to-riches story remains in dispute after a judge ruled in favor of Frito-Lay and PepsiCo, but he has a chance to amend his case.

Montanez, who stated off as as a Frito-Lay janitor, said he sparked what became Flamin’ Hot Cheetos around 1989.

In a decision on Wednesday, U.S. District Judge John Holcomb said Richard Montanez, who retired from PepsiCo in 2019 to become a full-time motivational speaker, did not show that PepsiCo and its Frito-Lay unit intentionally reneged on a promise to tell the "true story" of how he created the popular spicy chips.