A German tourist in New York City filed a lawsuit seeking about $100,000 in damages, claiming that the salsa at the popular Mexican restaurant, Los Tacos No. 1, was “too spicy” and caused him discomfort. However, a federal judge in Manhattan recently dismissed the case, stating that salsa is known for its spiciness and the restaurant is not legally obligated to provide additional warnings.
According to court documents, the plaintiff, Faycal Manz, dined at the Mexican chain restaurant during his visit to New York. He reported experiencing a strong burning sensation in his tongue and mouth, blisters, as well as stomach issues including diarrhea and nausea after consuming the salsa provided by the restaurant. He claimed to have a “medical sensitivity” to spicy foods and noted that his smartwatch showed a significant increase in heart rate after consuming the salsa.
Manz alleged in his complaint that the restaurant failed to adequately warn him about the spiciness of the sauce, causing him physical and mental distress unknowingly, affecting his travel experience in New York. He sought compensation for medical expenses and related losses totaling around $100,000.
However, Judge Dale Ho pointed out in the ruling that the plaintiff did not inquire about the spiciness of the sauce at the restaurant nor did he try a small amount beforehand. Additionally, online reviews and common knowledge indicate that Mexican salsa typically has a certain level of spiciness. The judge determined that the restaurant is not legally responsible for providing specific warnings about the fundamental characteristics of such food products.
The ruling explicitly stated, “For salsa, spiciness is often the key point.” The judge concluded that the plaintiff’s claims lacked legal basis and decided to dismiss the lawsuit.
A reporter from Gothamist who tasted the restaurant’s sauces on-site found them not very spicy. The restaurant also categorizes different sauces as “medium” and “spicy.” Court documents revealed that Manz continued to participate in activities and sightseeing in New York during his stay, including attending the U.S. Open tennis tournament.
Despite his dislike of spicy foods, Manz appears to be well-adapted to another aspect of American culture: engaging in litigation on his own behalf.
In addition to the lawsuit regarding Mexican salsa, during his brief trip, Manz also filed two other lawsuits: one against Walmart for Wi-Fi connectivity issues and another condemning the New York Police Department for not accepting his international phone number when he attempted to report an incident.