German Tourist's $100,000 Spicy Salsa Lawsuit Dismissed by New York Judge
A German tourist who sued a popular New York City taqueria for $100,000 after claiming their salsa was too spicy has seen his case dismissed by a federal judge. The ruling emphasized that spiciness is an expected characteristic of salsa, and customers should exercise reasonable caution when consuming it.
The Incident at Los Tacos No. 1
Faycal Manz, a tourist from Schemmerhofen in southern Germany, visited a Los Tacos No. 1 location in Times Square in 2024 during a six-day trip to New York City. According to court documents, Manz ordered three tacos and a Diet Coke, then proceeded to the self-serve salsa bar where he applied what he described as "a lot" of green salsa to his food.
Manz claimed he immediately realized the salsa was "a very hot spicy one" and experienced what he called "a very big shock physically and mentally." In his complaint, he alleged that the restaurant "failed to provide adequate warnings about the spiciness of the sauces" and that he "had no idea how dangerous these sauces could be."
Medical Claims and Legal Action
The German tourist asserted that eating the salsa caused his tongue and mouth to burn, his pulse to quicken "automatically while eating," and led to gastrointestinal problems and mouth sores afterward. Manz further claimed that a colonoscopy prior to the incident had shown he had an adverse reaction to spiciness, stating "It is practically forbidden for me to eat such a very hot spicy food."
After returning to Germany, Manz filed a lawsuit seeking $100,000 in damages from Los Tacos No. 1, alleging negligence in serving excessively spicy salsa without adequate warning. This was one of three lawsuits Manz filed related to his New York trip, with total damages sought amounting to $20.1 million across all cases.
Judge's Ruling and Reasoning
Judge Dale E. Ho ruled against Manz's allegations, writing that the tourist had "failed to state a claim that Los Tacos negligently served excessively spicy salsa." The judge determined that Manz hadn't asked about or sampled the salsa before eating it, and that despite claiming to be "particularly vulnerable" to spicy food, he proceeded to consume it anyway.
In his 12-page written opinion, Judge Ho noted that "A quick Google search for 'Mexican food,' 'salsa' or even Los Tacos reviews likely would have revealed that salsa can be quite spicy. In fact, when it comes to salsa, the spice is often the point."
The restaurant franchise, which has 10 locations in Manhattan, noted in court documents that no one had complained about the spiciness of their salsas until Manz's lawsuit.
Broader Legal Context
Manz's other lawsuits included claims against the New York Police Department and Walmart. Last month, a U.S. federal court dismissed his claim that a New Jersey Walmart had discriminated against him by saying he couldn't log in to the store's Wi-Fi without a domestic phone number. The NYPD case remains ongoing, though the department has denied Manz's allegations, which involve foreign phone numbers after Manz said he called 911 to report an assault he witnessed.
Manz told Gothamist, a New York City-focused news website, that he's not pursuing any further appeal of his salsa case. However, he expressed hope that Los Tacos No. 1 would add labels to its salsa bar to warn other spice-sensitive customers.
Los Tacos No. 1 did not immediately respond to requests for comment about the case or whether they plan to implement any warning labels on their salsa bar.
