How Spicy Is Too Spicy? Tourist Sues Popular Taco Chain After Distressing Salsa Experience

A seemingly simple question recently made its way into the halls of federal court in Manhattan: When is salsa too spicy?

According to reports from Gothamist, the unusual legal debate began after a German tourist claimed just one bite of salsa from a popular New York City taco spot caused serious physical distress.

The tourist, Faycal Manz, filed a lawsuit after visiting the Times Square location of Los Tacos No. 1 in 2024. Manz says he experienced “severe physical symptoms” after eating the restaurant’s green salsa, so much so, that he sought damages in court.

However, after the case landed before Dale Ho in Manhattan’s federal courthouse, the judge ruled the restaurant had no obligation to warn customers about the potential heat level of salsa.

Public Opinion Says The Salsa Is 'Pretty Mild'

While the lawsuit was unfolding in court, other diners at the popular East Coast taqueria had their own reactions.

David Boudreau, visiting New York from Boston, told Gothamist the sauce didn’t seem particularly intense.

“ To be honest, it's pretty mild,” Boudreau said. “ You should probably try a sauce before you, like, dump the whole thing on your taco.”

Another customer who ate nearby, Amanda Hosni, was with two church friends visiting from Georgia; Curious about the lawsuit, the group decided to try the green salsa themselves. Hosni described herself as sensitive to spice, but the sauce still didn’t overwhelm her.

“I'm a wimp, and this is not spicy,” she said, dipping another chip into the sauce. “I mean, it's spicy, there's some heat on my tongue, but I'm not gonna sue anybody for personal injury.”

Judge: 'Spice Is Often the Point'

In court, Ho issued a 12-page opinion siding with the restaurant. The judge wrote that “there is no duty to warn a consumer of the spice-associated risks that come with consuming salsa.”

He also referenced a famous 1985 lawsuit involving a Bronx McDonald’s customer who claimed coffee was served too hot—a case distinct from the widely known lawsuit filed years later in New Mexico involving spilled drive-through coffee.

Ultimately, the judge determined the salsa served by Los Tacos No. 1 fell within what consumers would normally expect. “In fact, when it comes to salsa, the spice is often the point,” Ho wrote.

The ruling denied Manz’s claims and effectively closed the case.

Not His Only Lawsuit

Manz’s salsa complaint wasn’t the only legal action stemming from his 2024 trip to the United States.

Court records show he also sued Walmart after visiting a store in New Jersey, claiming discrimination when he couldn’t connect to the store’s Wi-Fi because the login system required a domestic phone number. A federal judge dismissed that case last month.

He has also filed a lawsuit against the New York City Police Department over an incident he says he witnessed near Times Square. According to court documents, Manz called 911 after seeing two people attack a homeless man.

Manz claims the dispatcher insisted on receiving a specific street address instead of a nearby landmark and told him the department “does not use Google.” He also alleges the dispatcher said police could not call him back because their system was “unable to call foreign numbers.”

In that case, Manz is seeking $10 million in damages, along with policy changes that would allow the NYPD to make international calls and require training for communicating with nonresident and foreign-language callers. The NYPD has denied all of Manz’s allegations in legal filings. The case is still ongoing.

Despite losing the salsa case, Manz said his motivation has always been about safety and rules — something he attributes to his upbringing.

“I have this German mind: If something is too spicy, it should be warned — or at least labeled,” he said.

He continued: “The main objective for me is to help. To correct something I think is wrong.”