Judge tosses tourist’s taco shop lawsuit after spicy salsa gave him diarrhea for days

A tourist sued a New York taco restaurant after claiming their salsa caused him several days of diarrhea and other health issues, but the court dismissed his case.

Okay, so I just heard this crazy story! Apparently, a tourist named Faycal Manz visited Los Tacos No. 1 in Times Square last August and is suing them for $100,000! He said he piled on a bunch of salsa from their self-serve bar, and immediately started feeling a burning sensation in his mouth. He got so sick – nausea and stomach problems – that he actually needed to take medication. It’s wild!

Honestly, I was really surprised to hear about what happened to this guy, Manz. He’s claiming the restaurant didn’t give any warning about how hot their sauces were – he even called them dangerous! Apparently, he usually stays away from spicy food because he knows it bothers him, so this was a really bad experience for him.

However, a federal judge wasn’t convinced.

Judge says spice is “often the point” with salsa

I was pretty bummed to hear the news – back in February 2026, Judge Dale Ho completely threw out the case. Basically, he said the arguments just didn’t hold up legally, and that was that.

The court ruled in favor of the restaurant, stating that it’s generally understood that salsa can be spicy, and businesses aren’t obligated to warn customers about this.

“When it comes to salsa, the spice is often the point,” the judge wrote.

A tourist from Germany visiting New York City ate some green salsa at a taco shop and found it too spicy. He’s now suing the shop, claiming he has a heightened sensitivity to spice and suffered days of diarrhea and mouth sores as a result. However, the court has indicated the business isn’t responsible for…

— Rob Freund (@RobertFreundLaw) March 30, 2026

Honestly, the judge pointed out I never bothered to ask anyone how spicy the sauces were, didn’t even try them myself, and then just went ahead and loaded them onto my plate anyway. It was totally my own fault!

The judge also noted that Manz was aware of his sensitivity to spicy foods, yet he didn’t take any steps to prevent a reaction.

He didn’t offer any proof that the salsa was spicier than typical Mexican food, nor did he show that anyone else experienced the same problem.

So, I was reading up on the legal stuff, and apparently, in New York, stores aren’t responsible if I get upset about something if the product itself isn’t defective. Basically, if I’m just easily offended, that’s on me, not them. It has to be something wrong with the item for them to be liable.

The court ultimately granted summary judgment in favor of Los Tacos No. 1 and closed the case.

This lawsuit is one of several Manz brought up during and after his trip to the US, but it, like others, has been dismissed or withdrawn. In one instance, he sued a Walmart in New Jersey for $10 million, alleging discrimination because their WiFi required a US phone number to log in.

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2026-03-30 22:51