A California court says it won’t buck the false advertising case against the maker of North Carolina-based hot sauce Texas Pete, meaning this battle is only just heating up.

Filed by plaintiff Phillip White on Sept. 12, a class action lawsuit claims that T.W. Garner Food Co. is deceptively marketing Texas Pete as a Texan product when it’s actually made in Winston-Salem, North Carolina. White’s complaint, filed on behalf of all people in the U.S. who have purchased Texas Pete, asks the court to force Texas Pete to change its name and branding and to give money to past customers.