“Mexican food, especially salsa, is often spicy,” U.S. District Judge Dale Ho wrote in an opinion.
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A New York City taqueria is in trouble after a judge ruled against a German tourist who sued the restaurant for selling dangerously spicy salsa.
Faikal Manz sued Los Tacos No. 1 for $100,000 in damages after eating the spicy salsa at a New York City restaurant in 2024, alleging he suffered gastrointestinal upset, high blood pressure and emotional distress, according to a court filing obtained by USA TODAY.
Manz, a sales engineer from Germany who was visiting New York City at the time, claimed the restaurant failed to warn customers about the spiciness of the salsa. Mantz also said he developed blisters on his tongue after eating them.
But U.S. District Judge Dale Ho wrote an opinion last month in favor of Los Tacos No. 1, saying spiciness is “often the key” to salsa.
USA TODAY reached out to Muntz and Los Tacos No. 1 for comment on March 12, but did not immediately receive a response.
German tourist says spicy salsa was a ‘huge shock’
In her complaint, Manz said she wanted to eat tacos while on vacation in New York in August 2024 because “there is no possibility of eating tacos in my small hometown in Germany.”
After finding the restaurant online, he went to Los Tacos No. 1 and purchased three tacos. Mantz said he then added two types of salsa to his tacos, which he purchased in the restaurant’s self-service area.
After eating the salsa-topped food, Mantz said her tongue and mouth “immediately started to burn” and her Apple Watch recorded an increase in her pulse rate.
“For someone like me, who lives in Germany and doesn’t eat spicy food, it was a huge shock both physically and mentally,” Manz said in the lawsuit.
“Spice is often the key,” says the judge.
Mr. Ho sided with Los Tacos No. 1 in part because Mr. Muntz was unable to prove that the restaurant was negligent. Additionally, the judge said, he did not provide any evidence that other customers were injured by the salsa.
The judge also said the restaurant was not liable for injuries caused by the “unusual characteristics” of the consumer’s salsa.
“Mexican food, especially salsa, is often spicy,” Ho writes. “In fact, when it comes to salsa, spice is often the key.”
Apparently, spicy salsa wasn’t Manz’s only obsession on the trip. He also filed a lawsuit over Walmart’s Wi-Fi policies. The case was dismissed, according to court filings.
Melina Khan is USA TODAY’s national trends reporter. Contact her at melina.khan@usatoday.com.
