German Tourist's Spicy Taco Lawsuit Dismissed by New York Judge
A German tourist's attempt to sue a popular Times Square taco restaurant for six figures over allegedly 'dangerously' spicy salsa has been firmly rejected by a Manhattan federal court judge. Faycal Manz, who visited New York City in 2024, claimed he suffered severe physical symptoms after consuming green salsa at Los Tacos No. 1, but the case was dismissed in a detailed 12-page opinion.
The Alleged Incident and Injuries
According to legal documents obtained by the Daily Mail, Faycal Manz, a German native who had never eaten tacos before, decided to try Mexican food at Los Tacos No. 1 during his trip to the Big Apple. He ordered three tacos, each loaded with generous portions of salsa, and soon after began experiencing what he described as 'nonstop pain.'
Manz alleged that the green salsa caused a whirlwind of injuries, including diarrhea, nausea, mouth and tongue blisters, and a rapid heart rate. Despite these claims, he admitted in the lawsuit that he did not sample or ask an employee about the spice levels beforehand, and even acknowledged having a sensitive stomach that typically avoids spicy foods.
Judge's Ruling and Reasoning
Manhattan federal court Judge Dale Ho dismissed Manz's claims, emphasizing that Mexican food, and salsa in particular, is often intentionally spicy. In his written opinion, Judge Ho stated, 'There is no duty to warn a consumer of the spice-related risks of eating salsa.'
The judge highlighted several key points that undermined Manz's case:
- Lack of Evidence: Manz provided no substantial proof that the salsa was abnormally spicy or that anyone else had suffered similar issues.
- Online Information: A quick Google search for 'Mexican food' or 'salsa' would have revealed that salsa can be quite spicy, and online photos showed the green salsa was labeled 'medium,' while a red salsa he ate without issue was marked 'spicy.'
- Personal Predisposition: Manz admitted he is particularly sensitive to spice and generally avoids such foods, making it reasonable for him to have anticipated the risk.
Judge Ho concluded that a reasonable person with Manz's characteristics could have easily discovered the salsa was spicy, and thus the restaurant had no obligation to warn him.
Additional Lawsuits Filed by the Tourist
This taco lawsuit was not the only legal action Manz pursued during his time in the United States. He also filed a discrimination lawsuit against a New Jersey Walmart, arguing that the store's Wi-Fi login requirement for a domestic phone number excluded international visitors. That case was dismissed.
In a third lawsuit, Manz sued the NYPD after reporting a crime and claiming an officer said they could not call him back because their system was unable to dial foreign numbers. He is seeking $10 million in damages, policy changes to allow international calls, and mandatory training for improved communication with nonresident callers. The NYPD has denied all allegations, and this case remains ongoing.
Aftermath and Implications
Despite his claims of severe symptoms, Manz did not seek medical treatment in the U.S. or after returning to Germany. He completed the rest of his New York City trip as planned, including attending the US Open and eating normally. This detail further weakened his case, as it suggested the injuries were not as debilitating as alleged.
The dismissal of the taco lawsuit serves as a reminder that consumers are expected to exercise basic caution, especially when trying unfamiliar foods. As Judge Ho noted, spice is often the point of salsa, and restaurants are not required to warn patrons about inherent characteristics of their cuisine.
