Business
Momofuku responds to chili crunch backlash: 'We wanted a name we could own'

Imagine walking into a grocery store and seeing a single brand of each item. Identical squeeze bottles of “Ketchup.” One company’s “Mustard.” One brand of “Salsa.” Just one maker’s “Hot Sauce.” What a bland world it would be.
If Momofuku has its way, the only “Chili Crunch” on store shelves will bear the name Momofuku.
Momofuku, founded by chef David Chang, acquired the rights to use “chile crunch,” spelled with an “e,” last year from Chile Colonial LLC, a Denver company that registered the trademark in 2015 with the United States Patent and Trademark Office after making a Mexican-inspired chile crunch sauce since 2008. Then on March 29, Momofuku filed a trademark application for the term “chili crunch,” spelled with an “i,” and started sending cease and desist orders to multiple businesses selling chili crunch products, the Guardian first reported.
A jar of Momofuku chili crunch.
(Mariah Tauger / Los Angeles Times)
Social media backlash immediately followed. Actor Simu Liu, who serves as the chief content officer for MìLà, a food and beverage company that makes frozen dumplings and chili crunch, challenged Momofuku to a blind taste test on Twitter last week: “Winner keeps the name, loser (it’ll be you) backs off.”
In a statement to The Times, a spokesperson for Momofuku said the company has seen multiple chili crisp products rebranded as chili crunch over the last year, and that the trademark was never intended to “stifle innovation in a category that we care deeply about.”
“When we created our product, we wanted a name we could own and intentionally picked ‘Chili Crunch’ to further differentiate it from the broader chili crisp category,” the spokesperson wrote in an email. “We worked with a family-owned company called Chile Colonial to purchase the trademark from them. They have defended the trademark previously against companies like Trader Joe’s.”
One of the voices critical of Momofuku threatening legal action against other chile sauce businesses was Fly by Jing chef and entrepreneur Jing Gao. She started bottling Sichuan chili crisp in 2018, and is often credited as the catalyst for the mainstreaming of chili crisp. She is also an investor and advisor in Homiah, one of the brands that received a cease and desist letter.
Gao’s own company, as multiple outlets reported, filed to trademark “Sichuan Chili Crisp” in 2019 only to see its application dismissed in 2020.
“The ‘chile crunch’ trademark should also not have been granted,” wrote Gao in a Substack newsletter titled “On Trademark Bullies.” “It is a descriptive term for a cultural product, one that has existed in Chinese cuisine for hundreds of years.”

A jar of Fly by Jing Sichuan Chili Crisp by Jing Gao. Gao is credited with starting the current chili sauce craze with the introduction of her chili crisp in 2018.
(Mariah Tauger / Los Angeles Times)
What the newsletter and other stories did not mention , however, is that last week, on April 3, Fly by Jing filed again to trademark “Sichuan Chili Crisp,” according to the U.S. Patent and Trade Office. Then on Monday, Gao said in a statement to The Times that she requested to withdraw the application.
Gao said Fly by Jing reapplied for “Sichuan Chili Crisp” as well as “Chengdu Crunch” “to safeguard against the potential that we need to defend ourselves against a larger power that may be threatened by our existence. In light of the events of the last two days however, we now believe that there’s been enough awareness raised about the descriptive nature of the term, that the USPTO will reconsider the chili/chile crunch trademarks, and we felt comfortable with filing a request to abandon the application for our product’s name, which we have already done as of Saturday.”
“Even if we were granted the trademark for Sichuan Chili Crisp, which we have now abandoned, Fly By Jing would not have used it to intimidate small businesses,” wrote Jing.
Yet if Fly by Jing had been granted a trademark, the company would be responsible for enforcing it, as outlined by the United States Patent and Trademark Office. By not protecting your trademark, you could lose it.
If I had my way, neither term would be trademarked.
David Tran, founder of the Huy Fong Foods Sriracha sauce, never sought to exclusively own the term “Sriracha.” Instead, he trademarked his signature rooster logo and bottle.
I reject the notion that someone could exclusively own something so ingrained in my culture, a food I consider an intrinsic part of my identity. These trademarks will limit who can profit off a food with a connection to entire cultures. It would be like someone trying to trademark salsa macha and salsa verde. Wait, inexplicably somebody did trademark salsa verde, signaling a serious problem with the USPTO lacking the knowledge to accurately or fairly determine what’s descriptive or confusing when it comes to certain foods.
I, like many Chinese Americans, feel a sense of pride and ownership over the condiment typically made with garlic, other alliums, chiles and oil. Whether you call it crisp, oil, crunch or sauce, it’s a condiment that’s integral to the cuisines, cultures and experiences of Asian Americans around the world.
Michelle Tew, founder and CEO of Homiah foods, called receiving her cease and desist letter a “punch in the gut.”
“Homiah’s Sambal Chili Crunch product is personal and based on a family recipe from my Granny Nonie dating back to countless generations of Nyonya heritage in Penang, Malaysia,” Tew wrote in a statement on LinkedIn. “I was shocked and disappointed that a well-known and respected player in the Asian food industry would legally threaten me — a one-woman show operating on a much smaller scale — from selling a product that is part of my family’s history and culture.”
The move to trademark “chili crunch,” whether intentional or not, will only serve to whitewash an entire genre of chile sauces. Although some of the sauce companies have strong financial backing — according to Forbes, Momofuku raised $17.5 million in funding last year with $50 million in sales, MìLà recently raised $22.5 million and Fly by Jing raised 12 million last year — many of these products are made by small AAPI-owned companies.
All deserve a piece of the more than $3 billion hot sauce industry in the United States. And that number is expected to nearly double in the next decade, according to a market report by Fortune Business Insights.

A jar of chile sauce can be found on most tables at restaurants serving dumplings in the San Gabriel Valley.
(Mariah Tauger / Los Angeles Times)
Melody and Russ Stein’s pizza company Pi00a (pronounced pie-oh-ah) started selling jars of chili crunch when they launched a ghost kitchen in Koreatown last year with their children, Taysia and Rylan. Pi00a is a Deaf- and family-owned business, selling Neapolitan pizzas with Asian influences and a mission to provide jobs for the hard of hearing.
For a soppressata pizza, Melody came up with her own version of chili crunch, something “sweet and spicy” that goes with the Italian dry salume, she said over the phone with her daughter as interpreter. “People liked it and started asking for jars of it,” and Pi00a now sells about 100 jars a week through its online business and 40 retailers.
“We just started our small business, it costs a lot of money to rebrand. It’s very difficult to absorb any added expense. We just hope [Momofuku] realizes the impact this has on the community and they drop the trademarks.”
Kansas City chef James Chang, who makes a chili crunch of his own, wrote in an Instagram post referencing the cease and desist letters, “While I have not received one yet it’s only a matter of time. … For someone that has railed against how ethnic aisles in grocery stores do not have enough minority-owned brands [David Chang] is doing just the goddamn same. Instead of creating a community he wants to create a monopoly.”

A collection of chile oil, crisp and crunch.
(Mariah Tauger / Los Angeles Times)
You can find a jar of chile sauce that’s half oil, half chile-and-garlic sediment on the tables at most restaurants serving dumplings in the San Gabriel Valley. Many make the sauce themselves.
Before it was a trendy condiment found at every superette (and even Costco), there were half-empty jars of Lao Gan Ma spicy chili crisp with crust around the lids in my fridge and on my family dinner table. My Chinese grandmother and uncle introduced me to Lao Gan Ma spicy chili crisp in the late ‘90s. It’s a sludge-like combination of dried chiles, crispy onions, MSG and fermented soybeans. For years I called it chili crunchy. I could never remember the name, and simply asked for more of that “chili crunchy stuff with the stern lady.”
The sauce was created by Tao Huabi in Guizhou, China, in 1984. Hers is the face on every bottle.
Nearly a decade ago, I brought Lao Gan Ma to a hot sauce taste-off with the late Jonathan Gold and Kogi BBQ chef Roy Choi. The chili crunchy stuff with the stern lady on the bottle was the clear winner.
“Sauce invented by our ancestors, our version perfected for 30+ years … ,” wrote the makers of Bowl Cut chili crisp on Instagram. “No one should own a trademark for the description of a sauce that’s been around forever.”
Chili crunch belongs to everyone.
Deputy Food editor Betty Hallock contributed to this report.

Business
Elon Musk's conflicts of interest: $2.37 billion in potential federal penalties, report says
Elon Musk and his companies faced at least $2.37 billion in potential federal fines and penalties the day President Trump took office, according to a congressional report released Monday that highlights the possible conflicts of interest posed by the billionaire’s cost-cutting work in government.
The 43-page memo by the minority staff of the Senate’s Permanent Subcommittee on Investigations, led by Sen. Richard Blumenthal (D-Conn.), is the most exhaustive attempt yet to detail Musk’s alleged conflicts as an advisor to Trump and chief promoter of his team called the Department of Government Efficiency, or DOGE.
Based on publicly available documents, media reports and the committee’s own calculations, the memo found that as of Jan. 20, Musk and his companies were “subject to at least 65 actual or potential actions by 11 different federal agencies” and that 40 of those created $2.37 billion in potential liabilities.
“Mr. Musk has taken a chainsaw to the federal government with no apparent regard for the law or for the people who depend on the programs and agencies he so blithely destroys,” the memo stated. “The through line connecting many of Mr. Musk’s decisions appears to be self-enrichment and avoiding what he perceives as obstacles to advancing his interests.”
The memo notes that Musk’s companies have received more than $38 billion in government contracts, loans, subsidies and tax credits going back more than 20 years. And it notes that SpaceX, as of Friday, had $10.1 billion in federal contracts.
“President Trump could not have chosen a person more prone to conflicts of interest,” states the memo, which calls on the president, executive departments and regulatory agencies to “take coordinated action to address Elon Musk’s threat to the integrity of federal governance.”
In a statement, White House Communications Director Steven Cheung said the claims were baseless.
“Mr. Musk has never used his position for personal or financial gain, and any assertion otherwise is completely false and defamatory. Dick is clearly suffering from a debilitating and uncurable case of Trump Derangement Syndrome,” Cheung said.
Blumenthal signed letters sent Sunday to Tesla, SpaceX, Neuralink, The Boring Co. and x.AI Corp. — Musk’s artificial intelligence company, which acquired his social media platform X Corp. — demanding more information about any federal investigations, litigation and regulatory actions involving each company.
The letters also requested to know what measures they had taken to deal with any possible conflict of interest involving Musk, who has majority stakes or controlling interests in the companies.
None of the companies immediately responded to emails for comment, nor did DOGE.
Musk has previously stated in a joint interview with President Trump on Fox News, that he would “recuse myself if it is a conflict,” while the president said, “He won’t be involved.”
Last week, Musk also said during a Tesla earnings call that he was stepping back from DOGE to focus on his electric car maker, though he would remain involved with the cost-cutting effort likely through Trump’s entire term.
The once-cutting-edge Austin, Texas, company has seen its profit and share price plunge amid Trump’s looming tariffs that Musk has opposed and a brand crisis precipitated by his prominent role in the administration.
The committee’s memo found that Tesla created most of the potential penalties for Musk — a cumulative $1.89 billion — due to investigations, lawsuits and other issues involving eight agencies.
The largest single liability was a potential $1.19-billion fine due to a reported criminal investigation opened by the Department of Justice into allegedly false or misleading statements made by Musk and the company about its Autopilot and Full-Self Driving Features since as early as 2016.
The Times previously reported the National Highway Traffic Safety Administration is probing the Full-Self Driving technology after reports of four collisions in low-visibility conditions, including one in which a pedestrian was killed.
However, doubts have been raised about the Justice Department’s commitment to any prosecution. The memo notes that in February the department dismissed a lawsuit it filed against SpaceX for allegedly discouraging asylum seekers and refugees from applying for jobs or hiring them because of their citizenship status. It calculated the lawsuit could have exposed SpaceX to $46.1 million in liabilities.
The second single largest liability of $462 million facing Musk also involved Tesla. It arose out of a 2023 lawsuit filed by the Equal Employment Opportunity Commission for the company’s alleged toleration of widespread racial harassment of Black employees at its Fremont, Calif., factory. Tesla has denied the allegations. In January, Trump fired two Democratic commissioners and the agency’s general counsel.
A third major potential liability of nearly $240 million involving the company stemmed from a media report that the company was subject to a Securities and Exchange Commission investigation due to a whistleblower claim that it didn’t disclose fire risks posed by its solar panel systems.
The other large potential liability, according to the memo, involved Neuralink, a company developing a brain-computer interface that allows paralyzed people to communicate via their thoughts or brain waves.
The memo notes the SEC opened an investigation into the Fremont, Calif., company after Musk allegedly overstated the safety of its implants while raising some $240 million from investors. A physician’s group filed a complaint that the implants had caused the deaths of at least 12 monkeys.
Neuralink has said it is committed to treating test animals humanely.
Another major alleged liability noted in the report involves a complaint the SEC filed against Musk accusing him of failing to make a timely disclosure in 2022 that he had acquired a 5% stake in Twitter.
The agency estimated Musk saved an estimated $150 million from unsuspecting investors unaware of this as he built up his stake in the company he ultimately acquired and renamed X. Musk has criticized the lawsuit, which is pending.
Other potential liabilities faced by Musk’s companies include a $633,000 fine the Federal Aviation Administration levied against SpaceX in September for alleged license violations during two Florida launches of its rockets. The agency said the case remains open.
Three of Musk’s companies also face allegations they violated Occupational Safety and Health Administration regulations, including 26 violations contested by Tesla creating $583,000 in liabilities, according to the memo.
With Republicans in control of the Senate, the Democrats on the investigations committee have minimal power, since they can’t hold hearings or subpoena witnesses. The committee has previously requested information from Musk’s companies on potential conflicts of interests, but Blumenthal said it hasn’t gotten a satisfactory response.
This memo calls on Trump and his administration to respond to congressional information requests regarding Musk’s “federal entanglements,” conduct reviews to ensure “appropriate measures were/are in place to prevent undue influence” and “initiate independent audits of major contracts and awards to Musk-affiliated companies, particularly those with Department of Defense and NASA.”
“No one individual, no matter how prominent or wealthy, is above the law. Anything less than decisive, immediate, and collective action risks America becoming a bystander to the surrender to modern oligarchy — public power in private hands,” the memo concludes.
Business
Titanic Survivor’s Letter, Written Aboard the Ship, Sells for Nearly $400,000

Days before the Titanic struck an iceberg, a first-class passenger, Col. Archibald Gracie, described the vessel in a letter written while on board: “It is a fine ship but I shall await my journey’s end before I pass judgment on her.”
Colonel Gracie’s journey on the Titanic had a catastrophic end, but he fared better than most.
He was on the top deck of the ship, gripping a railing, as it plunged into the sea. He said he was “swirled” under water before he got to a raft, where he spent hours floating on icy waters before being rescued.
The letter he wrote was sold on Saturday at an auction for $399,000 (or 300,000 pounds), according to Henry Aldridge and Son, an auction house in Wiltshire, England.
The auction house said the letter, written in neat, cursive handwriting, was addressed to an unidentified European ambassador, the great-uncle of the seller. The letterhead shows a triangular red flag with a white star and is printed with the words “On board R.M.S. Titanic.”
The letter was dated April 10, 1912, the day the ship set sail from Southampton, England. On April 12, it was postmarked in London, where it was received at the Waldorf Hotel. The Titanic struck an iceberg just before midnight on April 14 and sank the next day.
The buyer of the letter was based in the United States, according to Andrew Aldridge, the managing director of Henry Aldridge and Son. The auction house did not publicly identify the buyer or the seller.
Mr. Aldridge said in an email that the stories of the ship’s passengers “are told through the memorabilia” and that “their memories are kept alive through those items.”
The auction house had initially expected the letter to sell for up to 60,000 pounds, or nearly $80,000.
Colonel Gracie, a graduate of the United States Military Academy at West Point, was a high-profile survivor of the Titanic disaster, in which about 1,500 people perished.
He died eight months later, in December 1912, of complications from diseases, but his doctors and his family said that the real cause was that he had never recovered from the shock of the Titanic disaster, according to The New York Times.
After Colonel Gracie was rescued, he began work on “The Truth About the Titanic,” a book about his experience that was published posthumously. The New York Times review of the book said “there is something effective in the very lack of directness and coherency in the narrative.”
Colonel Gracie said in an interview with The New York Tribune that he had been on the top deck of the ship when it was hit by a wave that sent other people overboard. He managed to stay on and grabbed a brass railing.
“When the ship plunged down, I was forced to let go, and I was swirled around and around for what seemed an interminable time,” he said. “Eventually I came to the surface to find the sea a mass of tangled wreckage.”
He said he grabbed a wooden grating and then saw a canvas-and-cork raft. He made it onto the raft and began trying to rescue others. They eventually reached a rescue ship, R.M.S. Carpathia.
“The hours that elapsed before we were picked up by the Carpathia were the longest and most terrible that I ever spent,” Colonel Gracie said, according to The Tribune. “Practically without any sensation of feeling because of the icy water, we were almost dropping from fatigue.”
Colonel Gracie was an established figure in New York and Washington society.
His father had been an officer in the Confederate Army during the Civil War. Colonel Gracie was also a descendant of Archibald Gracie, who built the New York City mayor’s official residence, Gracie Mansion, in 1799.
After news of the Titanic’s sinking reached the United States, and it was not known whether Colonel Gracie had survived, his wife, Constance Schack Gracie, was reported missing for unrelated reasons.
Mrs. Gracie had not been on the ship, but had left town to avoid being subpoenaed in the lunacy trial of another society woman, Mary E. Gage, according to The New York Times.
In the days after the Titanic disaster, the Gracies’ daughter, Edith Gracie, was asked about the whereabouts of her mother, which she said she did not know, and about the fate of her father, The Times reported.
She said Colonel Gracie had been in Europe recuperating from an operation and had said in a letter that he would return home with a much stronger constitution.
“It is too terrible to think of,” she said, “but I am hoping against hope that he has come through the perils of the accident without harm.”
Business
Counting freeloading relatives as a hardship? Not so fast, the IRS says
Dear Liz: I lived in a house for 45 years. During that time, my daughter and her family moved in due to the 2008 financial crisis. I have not charged her rent. However, I moved out five years ago, and her family is still there rent-free. I understand that when I sell, I will owe capital gains tax because it is no longer my primary residence. Are there any hardship rules that may help me?
Answer: Unfortunately, the IRS doesn’t consider freeloading relatives as one of the hardships that can modify the home sales exclusion rules.
Your capital gain will be calculated by subtracting your tax basis in the home from the sales proceeds, minus selling costs. Your tax basis is generally what you paid for the house, plus the cost of qualifying upgrades.
You can exclude up to $250,000 of home sale capital gains (or $500,000 if married filing jointly), but only if you’ve owned and lived in the property as your primary residence for at least two of the past five years. There is a partial exclusion for people who fall short of the two-year mark because of certain reasons, such as a work- or health-related move.
Dear Liz: My mother recently passed and my sister is handling all the legalities. At one point, my sister mentioned our mother had a sizable savings account plus two retirement accounts valued at $400,000, and that I would receive something. Now she is simply saying, “I don’t know where the money has gone.” She handled all my mother’s finances for years before her death. How is this possible? I can’t hire an attorney, nor do I want to alienate my sister or seem greedy. What should I do?
Answer: If your sister handled your mother’s finances for years and she’s settling the estate, then she almost certainly knows where the money went. Why she won’t tell you is the mystery.
Your mother’s money may have been eaten up by long-term care expenses, which can be breathtakingly expensive. That’s especially true if there was a long gap between your sister’s disclosure about the accounts and your mother’s death.
If that were the case, though, your sister could just say so.
There are many other possibilities. Your mother could have been scammed, or gambled away the money, or been the victim of financial elder abuse. Abusers are often people the elders know, including relatives and caregivers.
Perhaps your sister didn’t help herself during your mother’s lifetime, but arranged to be the beneficiary of all the accounts, either with or without your mother’s consent.
You don’t have many options if you aren’t willing or able to consult an attorney, but you wouldn’t be greedy to ask for some clarity from your sister.
Dear Liz: I read your column about the parent who unexpectedly had to take over for their incapacitated son. You suggested every adult have a power of attorney and healthcare proxy. Excellent advice! However, as I discovered in dealing with my father’s illness and estate, these general documents are not always recognized by the very institutions they were designed for. His bank, mortgage company and health insurance company would only recognize their versions of these documents.
Fortunately, while he was still able to, I was able to procure each of these documents with his signatures on them but it was very stressful at a difficult time for all of us. I would suggest you amend your advice to people to check to see if their banks and so on also require their specific forms.
Answer: Financial institutions are supposed to accept properly drafted powers of attorney, but some of them insist on their own forms, agrees Burton Mitchell, an estate planning attorney in Los Angeles.
“Sometimes one can get around these rules by appealing to higher ups in the organization, but it is unnecessarily difficult, time-consuming and complicated,” Mitchell says.
Checking with your financial institutions now could avoid hassles later.
Liz Weston, Certified Financial Planner®, is a personal finance columnist. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.
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