A Manhattan federal judge has rejected a lawsuit filed by a German tourist against NYC's Los Tacos No. 1 taqueria over its spicy salsa.
Key Takeaways
A German tourist's lawsuit against NYC's Los Tacos No. 1 over spicy salsa was dismissed. Faycal Manz claimed the sauce caused health issues but failed to prove his case.
- Judge Dale Ho rejected a lawsuit filed by Faycal Manz against Los Tacos No. 1 in Times Square.
- Manz alleged that the taqueria's spicy salsa caused him health problems, including diarrhea and nausea.
- The judge ruled that there is no duty to warn consumers about the potential spiciness of salsa.
- Manz claimed his smartwatch recorded a heart rate increase after consuming the tacos with hot sauce.
- Los Tacos No. 1 stated they had never received complaints about their salsa before.
Faycal Manz, who visited the Times Square location in August 2024, claimed that the restaurant's hot sauce caused him severe health issues, including diarrhea, nausea, and mouth blisters. He sought compensation for medical expenses, pain and suffering, emotional distress, and lost enjoyment of his trip.
According to court documents, Manz stated he had no prior experience with spicy food in Germany and was unaware of the potential heat level of the salsa. He claimed that his smartwatch recorded a heart rate increase from 80 to 95 beats per minute after consuming the tacos with hot sauce.
Judge Dale Ho denied Manz's request for a default judgment, ruling that there is no duty to warn consumers about the potential spiciness of salsa. The judge noted that Los Tacos No. 1 had never received complaints about their salsa before and that Manz did not ask staff about the heat level or test the sauce before adding it to his tacos.
Manz expressed hope that the taco chain would add labels to warn customers of the spice level, despite not appealing the case further. The restaurant chain did not immediately respond to requests for comment.
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