German tourist sues NYC taco shop for $100K over dangerously ‘spicy’ hot sauce that left him in ‘nonstop’ pain
A judge in Manhattan has dismissed a lawsuit filed by a German tourist who demanded $100,000 from a popular Times Square taco restaurant after claiming the salsa was painfully spicy.
Faycal Manz of Schemmerhofen, Germany, said he became seriously ill after eating three tacos at Los Tacos No. 1 in August 2024. In a lawsuit he filed himself in Manhattan federal court, Manz wrote that the salsa caused severe symptoms including diarrhea, nausea, and blisters in his mouth and on his tongue that produced what he described as nonstop pain.
Manz explained in his filing that tacos are not available in his small hometown in Germany, which is why he wanted to try a well-known taco restaurant while visiting New York City. However, he said the experience quickly became overwhelming because he is not used to spicy food.
According to the lawsuit, Manz described the salsa as dangerous and said the intense flavor shocked him physically and mentally because his typical diet in Germany contains little to no spice.
Despite acknowledging that he did not ask employees about how hot the sauces were and did not test or smell the salsa before putting it on his tacos, Manz argued that the restaurant should have warned him about the potential risks of eating it.
U.S. District Judge Dale Ho rejected the claim. In his decision, the judge said it is the responsibility of individuals to manage their own tolerance for spicy foods, noting that heat is often expected when it comes to salsa.
The judge also pointed out that Manz never asked staff about the spice level and made no attempt to try a small amount before adding it to his food. Ho wrote that even a quick internet search about Mexican food or salsa would have made it clear that many sauces can be quite spicy.
The court noted that the restaurant’s sauces were labeled online, with the green salsa described as medium and the red salsa labeled spicy. Manz reportedly consumed the red salsa without raising complaints at the time.
Ho further stated that Manz presented no real evidence supporting his claim that the salsa was dangerously hot. The only proof offered was his own testimony about the symptoms he said he experienced. He also did not identify anyone else who had similar complaints or provide expert evidence about the alleged danger.
A reporter from Gothamist later sampled the salsa and reported that it was not especially spicy.
Court documents also show that after attempting to ease the heat with a Coca-Cola and later ice cream, Manz continued his vacation without major disruption. He attended the U.S. Open and ate normally for the rest of his trip.
During that same visit to the United States, Manz filed two additional lawsuits. One targeted Walmart over issues with its Wi-Fi service, and another complained that the New York Police Department would not accept his international phone number when he attempted to report a crime.
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