Fed Judge Finds Lawsuit Hard To Swallow

A New York federal judge dismissed a lawsuit by a German tourist claiming a a salsa was too spicy. Judge Dale Ho dismissed a $100,000 lawsuit by Faycal Manz of Germany. Manz claimed he suffered serious physical…

Sandra RhodesMar 13, 20262 min read

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The man had never eaten tacos and wanted to try them. He purchased three tacos and added a ‘hefty portion’ of salsa from the salsa bar, with different ingredients and varying spice levels.

Manz claims he began suffering symptoms after taking a bite.

After taking the bite, his tongue burned, his mouth hurt, and his face turned red. He tried to stop the burning by drinking Coke and eating ice cream.

The salsa was so hot he had to return to the hotel, where he was forced to take medication for diarrhea, acid reflux, and stomach cramps, according to court documents.

Manz says he experienced this distress but never spoke to the restaurant staff. In his Lawsuit, he admitted to having had a colonoscopy in the past and was advised by his doctor to avoid Spicy foods.

Despite his past issues, Manz argued that Los Tacos No. 1 taqueria failed to provide adequate warning about how hot their sauce is.

Ho was firm in his opinion after years of legal battles.

“Mr. Manz’s evidence is entirely lacking in regard. The only evidence he puts forward is his personal testimony. He also provides no evidence whatsoever of what the reasonable standard of care for Spicy food might be,” Ho wrote.

“Without any admissible testimony as to reasonable care or spice level, no jury could conclude that Los Tacos had a duty to warn Mr. Manz.”