Judge tosses spicy salsa suit
A NYC judge dismissed a lawsuit from a taco shop customer who claimed injury from a spicy salsa, with the ruling emphasizing that “spice is often the point” — a fun legal win for spicy‑food vendors and a reminder that heat is part of the product Taco lawsuit.
The lawsuit was filed by Faycal Manz against LTN1 Times Square, LLC doing business as Los Tacos No. 1 in the Southern District of New York (case no. 24 Civ. 7457), and the court granted summary judgment to the restaurant. (cases.justia.com) Manz alleges he visited the Times Square location in August 2024, bought three tacos at the counter, and loaded them at the self‑service salsa bar — two with a red salsa and one with a green salsa that he admits he never sampled beforehand. (cases.justia.com) According to the court record, Manz claimed immediate mouth pain, elevated heart rate, gastrointestinal distress and sores lasting days, and he took photos and called his wife but did not seek medical attention while in the U.S. or after returning home. (cases.justia.com) Judge Dale E. Ho concluded the undisputed facts foreclosed Manz’s claims as a matter of law and denied Manz’s motion while granting Los Tacos’s summary‑judgment motion. (cases.justia.com) The court’s opinion notes Manz’s pre‑existing “spice intolerance” and a 2010 colonoscopy for a reaction to spicy food, and that he continued his trip (including attending the U.S. Open) without other reported incidents, facts the court relied on when evaluating the credibility and causation of his injuries. (cases.justia.com) Manz filed the complaint on October 2, 2024, the court issued its Memorandum Opinion and Order in mid‑February 2026, and the Clerk entered judgment closing the case on February 19, 2026. (pacermonitor.com)
