A German tourist who said he suffered “severe physical symptoms” from a popular taco chain’s salsa in 2024 is hoping the restaurant will warn customers of its spice level after a federal judge ruled against him earlier this year.
“I felt I was too hot. My mind, my head,” said Faycal Manz, recalling his experience in an interview with Gothamist published Wednesday. “I contacted my wife — I said, ‘There’s a problem with the sauce.’”
Manz was visiting New York City in August of 2024, according to the lawsuit reviewed by HuffPost. He claimed that because there was “no possibility” of him eating tacos in his small hometown in Germany, he consulted Google and found the popular eatery Los Tacos No. 1, which had a location in Times Square.
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”Because this Taco experience was too special for me, I made several pictures and videos of the restaurant and the received food before starting to eat in the restaurant,” Manz wrote in his 2024 complaint.
However, when Manz acquired red sauce and green sauce at the salsa bar, he “had no idea how dangerous these sauces could be or which ingredients are put in the sauces,” he wrote.
The German tourist then added “a lot” of the salsa to his food and immediately felt the heat.
Manz claimed in the lawsuit that his tongue and mouth were burning immediately, adding that his Apple watch registered “a higher pulse automatically while eating.” He said he later felt symptoms of diarrhea and nausea, along with mouth and tongue blisters.
“However there were absolutely no warning at all. The sauce container did not have any label (about the name of sauce or the ingredients inside),” Manz wrote. “For someone like me living in Germany and eating nothing spicy, it was a very big shock physically and mentally.”
He claimed the restaurant was liable for “failure to warn.”
“I have this German mind: If something is too spicy, it should be warned — or at least labeled,” Manz told Gothamist.
The restaurant chain did not immediately respond to HuffPost when reached for comment. However, according to the opinion written and filed last month by U.S. District Judge Dale Ho, Los Tacos No. 1 claimed “no one has ever complained about the spice level of their various salsa offerings until Mr. Manz.”
“But he claims he is particularly vulnerable,” Ho wrote. “Mr. Manz had a pre-existing sensitive gastrointestinal tract and ‘spice intolerance.’”
Ho ruled in favor of the restaurant chain, stating that “there is no duty to warn a consumer of the spice-associated risks that come with consuming salsa,” adding that “when it comes to salsa, the spice is often the point.”
Manz said he is not appealing the case further, but hopes the taco chain will add labels.
“The main objective for me is to help,” he told Gothamist. “To correct something I think is wrong.”
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