A German Tourist Sued An NYC Taqueria Over 'Too Spicy' Salsa — The Judge Didn't Buy It

U.S. District Judge Dale Ho ruled that salsa is sometimes spicy. The less-than-groundbreaking decision came after a German tourist sued the Times Square taqueria Los Tacos No. 1 for $100,000, according to USA Today, claiming the salsa in question caused physical and emotional damage, later saying the experience left him with nausea, mouth blisters, and a racing heart.

According to reporting from Gothamist, Faycal Manz, a sales engineer from Schemmerhofen, a small farming village in Southern Germany, visited the restaurant during his trip to the city in August, 2024. There is thought to be a potential genetic component to spicy food tolerance, and Manz, who said there's little opportunity to experience spicy food where he is from, ordered three tacos and a Diet Coke before sampling both the red and green from the restaurant's self-serve salsa bar.

In an interview, Manz described the moment he knew something was wrong: "I felt I was too hot. My mind, my head. I contacted my wife — I said there's a problem with the sauce." Manz argued that the restaurant failed to warn customers about the salsa's spiciness. For someone with little experience with spiciness, the experience was, in his words, "a very big shock, physically and mentally."

According to court filings, he piled several spoonfuls onto his tacos before taking a bite. The reaction, he claimed, was immediate. "My mouth and tongue was burning immediately," Manz wrote in his complaint. His smartwatch allegedly recorded his pulse rising from 80 beats per minute to 95, which is considered to be in the high-normal range, particularly after consuming capsaicin, which is the "spicy" compound in peppers. 

When the lawsuit reached federal court in Manhattan, Judge Ho concluded the problem was not the salsa, but the expectations — a mismatch between personal tolerance and culinary adventurousness. "Mexican food, and more specifically, salsa, is often spicy," he wrote in his dismissal. "In fact, when it comes to salsa, the spice is often the point." Many seasoned salsa-enjoyers practice a tip of the tongue, tiny taste test when dealing with new salsas of unknown Scoville heat units. Tasting Table even has a tip for how to pick the best salsa for your tacos. 

In his decision, Ho wrote that Manz's reaction appeared to be tied to an "idiosyncratic characteristic" within Manz himself, rather than negligence or malice on the part of Los Tacos No. 1. If you can't stand the heat, get out of the self-serve salsa bar.