A German tourist who sued a New York City taqueria for damages, claiming its salsa was too spicy, has lost his bizarre case.
Faycal Manz, an engineer and part-time law student from Schemmerhofen, alleged in court filings that he suffered physical distress after a single bite of self-serve green salsa at Los Tacos No.1 in Times Square in August 2024.
According to court documents filed in federal court in the Southern District of New York, Manz "immediately began suffering severe physical symptoms”, including a burning tongue and soaring heart rate.
Manz alleged that the salsa also gave him mouth sores and gastrointestinal and emotional distress, and that the restaurant, in not labeling the salsa, had failed to warn him of how hot it would be.
“For someone like me, living in Germany and eating nothing spicy, it was a very big shock physically and mentally,” he said in the lawsuit.
By way of compensation, he sought $100,000.
However, Judge Dale E. Ho ruled against Manz, writing: “When it comes to salsa, the spice is often the point.”
He added: “A quick Google search for ‘Mexican food,’ ‘salsa’ or even Los Tacos reviews likely would have revealed that salsa can be quite spicy.”
Los Tacos No.1, which operates 10 Manhattan outlets, did not respond to a request for comment. The company’s legal team successfully argued in court that “[Mr Manz’s discomfort was caused by his] own culpable conduct, carelessness, recklessness and negligence.”
Court documents also revealed that Los Tacos No.1 labels its green salsa in its signage as “medium.”
Hot food wasn’t the only distress Manz suffered during his trip.
He also unsuccessfully sued Walmart because his German phone number couldn’t get him access to the Wi-Fi in its Secaucus, New Jersey, store.
Manz also sued the NYPD because of its response to an assault that he reported.
He claimed that after calling 911 after witnessing an attack on a homeless person near Times Square, NYPD officers refused to take his statement or investigate, the perpetrators having fled the scene.
Manz sought $10 million in damages, claiming that he’d since suffered “post-traumatic symptoms,” but this case has been dismissed.
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