NEW YORK (PIX11) – A New York federal judge was not biting into the claim that a local restaurant is responsible for harming a German tourist while they were on vacation.

Judge Dale Ho dismissed a $100,000 claim by German tourist, Faycal Manz, who argued that eating spicy salsa at a New York City taco shop caused him serious physical, emotional, and gastrointestinal injuries.

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Manz first filed his $100,000 complaint against Los Tacos No. 1 taqueria in October 2024, according to court documents.

Manz had been visiting New York City in August 2024, when he stopped at the restaurant for some food. Manz had never eaten tacos before and wanted to try them. The German tourist purchased three tacos and added a ‘hefty portion’ of salsa from the salsa bar, with different ingredients and varying spice levels. After taking a bite of one of the tacos, Manz claims he began suffering symptoms.

His tongue burned, his mouth hurt, and his face turned red. He tried to stop the burning by drinking a Coke and eating ice cream. However, the salsa was so hot that it forced him to return to the hotel, where he was forced to take medication for diarrhea, acid reflux, and stomach cramps, according to court documents.

Manz says he experienced this distress but never spoke to the restaurant staff. In his lawsuit, he admitted to having had a colonoscopy in the past and was advised by his doctor to avoid spicy foods. However, Manz argued that Los Tacos No. 1 taqueria failed to provide adequate warning about the spiciness of their sauce.

However, after years of court battles, Judge Ho was firm in his opinion: “Mr. Manz’s evidence is entirely lacking in regard. The only evidence he puts forward is his personal testimony. He also provides no evidence whatsoever of what the reasonable standard of care for spicy food might be. Without any admissible testimony as to reasonable care or spice level, no jury could conclude that Los Tacos had a duty to warn Mr. Manz.”

Matthew Euzarraga is a multimedia journalist from El Paso, Texas. He has covered local news and LGBTQIA topics in the New York City Metro area since 2021. He joined the PIX11 Digital team in 2023. You can see more of his work here.

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