Federal Judge Tosses German Tourist's Lawsuit Over Spicy Salsa at NYC Taqueria

A federal judge sided with one of Manhattan's most popular taquerias last week, dismissing a $100,000 lawsuit filed by a German tourist who claimed Los Tacos No. 1 in Times Square failed to warn him that its salsa was dangerously spicy.

Faycal Manz, a sales engineer from Germany, visited the restaurant in August 2024, ordered three tacos and a Diet Coke, and loaded his meal with what he later described in an email to the restaurant as "the very very hot spicy sauce." He alleged the experience left him with a burned tongue, blisters, diarrhea, nausea, elevated blood pressure, and emotional distress severe enough to diminish his enjoyment of the entire trip.

In court documents, Manz recounted his experience in detail. "As I had no idea about the components of the sauce, no experience before and no warning information was mentioned on the sauce cup, I put a lot of sauces in the taco," he wrote. "My mouth and tongue was burning immediately. For someone like me who eats practically nothing spicy in Germany (German food is not spicy), it was a very big shock physically and mentally."

As evidence of his suffering, Manz submitted an Apple Watch readout showing his heart rate climbed from 80 beats per minute to 95 beats per minute after the meal, along with a photograph he said depicted his burned tongue. He sought compensation for medical expenses, pain and suffering, emotional distress, and what he characterized as lost enjoyment of his New York City vacation.

U.S. District Judge Dale E. Ho of the Southern District of New York was not persuaded. Denying Manz's request for a default judgment as moot and terminating the case on March 12, Ho wrote that the restaurant bore no obligation to warn customers about a characteristic of its food that is both obvious and intentional. "Mexican food, and more specifically, salsa, is often spicy," Ho wrote in his opinion. "In fact, when it comes to salsa, the spice is often the point."

The judge also noted that Manz never asked staff about the heat level of the sauces or sampled them before adding large quantities to his tacos. Ho wrote that "a quick Google search for 'Mexican food,' 'salsa,' or even Los Tacos reviews likely would have revealed that salsa can be quite spicy." The judge further characterized the injuries Manz described as stemming from a consumer's "idiosyncratic characteristic" rather than any negligence on the restaurant's part.

Manz said in his complaint he had specifically sought out tacos in New York because "there is no possibility for me to eat tacos in my small German hometown." After the incident, he reportedly attempted to manage the discomfort by drinking fluids and eating ice cream, but continued to experience what he described as nonstop pain.

The Los Tacos No. 1 lawsuit was not Manz's only legal action during his U.S. travels. He also filed a suit against Walmart over its Wi-Fi policy, which has since been dismissed, and a separate complaint alleging the NYPD refused to accept his international phone number after he reported a crime.

Los Tacos No. 1 did not respond to a request for comment before the ruling was reported.