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A Texas woman says she nearly swallowed a cow tooth while eating a taco from Torchy\u2019s Tacos. The restaurant confirmed it was a cow tooth, and now she\u2019s suing for up to $250,000.<\/p>\n
On June 9, Nohemi Castillo ordered the Democrat taco from a Torchy\u2019s Tacos location on South Congress Avenue in Austin, Texas. The taco contains beef cheek barbacoa, which comes from a cow\u2019s head. According to KVUE<\/a>, Castillo discovered the tooth mixed in with the meat.<\/p>\n Castillo said the discovery left her \u201cgrossed out and sickened.\u201d She visited a doctor that evening and received prescription medication, according to her complaint. On October 13, she sued Torchy\u2019s Tacos and its parent company, Success Foods Management Group LLC, alleging negligence, deceptive trade practices, and food safety violations.<\/p>\n Castillo\u2019s attorney wants to know how nobody caught the tooth <\/p>\n Castillo reported the tooth to the restaurant\u2019s manager, but her lawsuit doesn\u2019t say whether the manager took any action, according to FOX 7 Austin<\/a>. She also contacted attorney Scott Vasquez, who questioned how something so large could make it into a customer\u2019s food without anyone noticing.<\/p>\n \u201cSomeone should have caught it somewhere throughout the process,\u201d Vasquez told KVUE<\/a>. \u201cShould not have even made it to the packaging or the packaged goods that they had.\u201d<\/p>\n Vasquez said he tried getting answers from the restaurant\u2019s manager and an attorney for Torchy\u2019s, but felt they were passing responsibility back and forth. \u201cI thought they\u2019d want to take care of this internally immediately, and apparently not,\u201d he told KVUE<\/a>. \u201cThey just felt, in my view, \u2018Let\u2019s blame someone else.’\u201d<\/p>\n Castillo\u2019s complaint argues that Torchy\u2019s should have caught the object before serving the taco. It accuses the restaurant and its management company of failing to properly inspect and prepare the food, allegations similar to those raised in a Wendy\u2019s food contamination lawsuit<\/a>.<\/p>\n The lawsuit also cites the federal Food Safety Modernization Act, which requires certain food facilities to identify potential hazards and take steps to prevent them. However, the Food and Drug Administration<\/a> says those requirements depend on the type of facility. The court has not determined whether the provisions Castillo cites apply to the defendants or whether any violations occurred.<\/p>\n Torchy\u2019s has an explanation, but questions remain <\/p>\n Torchy\u2019s Tacos confirmed that Castillo found a cow tooth in her order. The company told KVUE<\/a> that its barbacoa comes from beef cheek purchased through an outside supplier. Because beef cheek comes from the cow\u2019s head, near its jaw and teeth, a tooth may have slipped into the meat during processing.<\/p>\n \u201cThis can occasionally happen when processing the meat, though it is quite rare,\u201d the company said in a statement reported by PEOPLE<\/a>. Torchy\u2019s has since worked with its supplier to improve its procedures but hasn\u2019t explained how the tooth made it through processing and into Castillo\u2019s taco.<\/p>\n If you find something similar in your food, the USDA\u2019s Food Safety and Inspection Service<\/a> recommends keeping the object, any remaining food, and the original packaging. The agency also advises refrigerating or freezing leftovers rather than throwing them away, in case investigators need to examine them.<\/p>\n Austin residents can also report restaurant food safety concerns without going through the restaurant. Health officials can investigate reported restaurant safety concerns<\/a>, even when customers haven\u2019t reported becoming ill. According to Austin Public Health, customers can submit complaints that don\u2019t involve illness through Austin 311.<\/p>\n Austin\u2019s health inspectors handle thousands of these complaints. The city\u2019s 2024 environmental health report<\/a> recorded 2,177 retail food complaints, with the department reporting a goal of investigating complaints within 72 hours. It\u2019s unknown whether Castillo contacted Austin Public Health about the tooth.<\/p>\n Castillo is seeking up to $250,000 in damages, although a jury will decide whether she receives compensation and how much. Although Torchy\u2019s has confirmed the tooth came from a cow, the court has yet to determine whether the company was negligent or violated any food safety laws.<\/p>\n