A federal judge in New York has dismissed a $100,000 lawsuit filed by a German tourist who claimed a Times Square taqueria's green salsa was dangerously spicy - ruling that a restaurant has no legal duty to warn customers that salsa might be hot.
Faycal Manz, an engineer from Schemmerhofen, a small farming village in southern Germany, filed the complaint against Los Tacos No. 1 in Times Square after visiting New York City in August 2024. He purchased three tacos and a Diet Coke, then loaded a generous portion of the restaurant's salsa verde onto his food.
After taking a bite, Manz said his tongue burned, his mouth hurt, and his face turned red. He tried to relieve the discomfort with a Coke and ice cream, but eventually returned to his hotel, where he took medication for diarrhea, acid reflux, and stomach cramps. In an email to the restaurant, he wrote: "My mouth and tongue was burning immediately. Unfortunately this made me a lot of health problems - diarrhea, nausea, mouth/tongue blisters - as reaction of the very very hot spicy sauce which has not been warned or labeled. For someone like me who eats practically nothing spicy in Germany, it was a very big shock physically and mentally."
Court documents also revealed a significant wrinkle in Manz's case: a doctor had previously warned him to avoid spicy foods before the visit. Manz never complained to restaurant staff at the time of the incident.
U.S. District Judge Dale Ho, presiding over the case in the Southern District of New York, issued a 12-page written opinion finding that Los Tacos No. 1's salsa fell within the "norm" for products of its nature. "In fact, when it comes to salsa, the spice is often the point," Ho wrote. The judge found that Manz put forward only his personal testimony and provided no evidence of what a reasonable standard of care for spicy food might be. "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," Ho ruled. The judge also noted that a simple internet search would have revealed that salsa can be quite spicy.
The taco lawsuit was not Manz's only legal action stemming from his 2024 New York trip. Court records show he also sued a New Jersey Walmart, alleging its Wi-Fi login required a domestic phone number, which he claimed violated the Civil Rights Act. That case was also dismissed. He additionally sued the NYPD after reporting a street assault and alleging the dispatcher's response was inadequate.
Los Tacos No. 1 did not respond to requests for comment. The case is now closed.