Overview
- U.S. District Judge Dale E. Ho granted summary judgment for Los Tacos No. 1, closing the case without a trial.
- He wrote that “when it comes to salsa, the heat is often the point,” applying the obvious-risk principle to reject liability.
- Court records noted the plaintiff used a self-serve salsa bar, neither tasted nor asked about the sauce, and had a known sensitivity to spicy foods.
- Public photos and reviews showed the green sauce labeled as medium and a red sauce as spicy, supporting reasonable consumer expectations.
- The plaintiff alleged burning, tachycardia recorded by a smartwatch, and gastrointestinal issues, yet continued his trip; separate suits he filed against Walmart and the NYPD were referenced but remain unresolved in this coverage.