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Federal Judge Grants Summary Judgment to Los Tacos No. 1 in Spicy Salsa Suit

The court found the salsa’s heat to be an obvious characteristic that did not require a warning.

Overview

  • U.S. District Judge Dale E. Ho dismissed the case in the Southern District of New York, granting summary judgment for the restaurant.
  • Plaintiff Faycal Manz, a German tourist, alleged burns and gastrointestinal distress from a 2024 visit and sought $100,000 in damages.
  • Ho wrote that spiciness is inherent to salsa, noting that “the spice is often the point.”
  • The ruling emphasized that Manz neither asked about the sauce’s heat nor requested a sample and observed that basic online searches or reviews would flag potential spiciness.
  • Court documents cited by coverage state the green salsa is labeled “medium,” and the restaurant did not respond to requests for comment.