Tourist Loses Lawsuit Over 'Spicy' Salsa at Los Tacos No. 1

Judge rules that spicy salsa is common in Mexican cuisine, and customer should have expected it.

Mar. 13, 2026 at 8:43pm

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A German tourist named Faycal Manz sued popular taco chain Los Tacos No. 1 in New York City, claiming he suffered "severe" physical symptoms after eating their spicy green salsa. However, the judge dismissed Manz's lawsuit, stating that spicy salsa is common in Mexican food and Manz should have expected the heat level.

Why it matters

This case highlights the challenges restaurants can face when customers have unrealistic expectations about the spice levels in traditional ethnic cuisines. The judge's ruling reinforces that restaurants are not liable for serving food that is consistent with the cuisine's typical flavors, even if a customer finds it too spicy.

The details

According to court documents, Manz visited the Times Square location of Los Tacos No. 1 in 2024 and loaded up his tacos with both red and green salsas. After taking a bite of the taco with the green salsa, Manz claims he immediately suffered severe symptoms including a burning tongue, mouth pain, reddened face, and gastrointestinal distress. However, the judge noted that Manz never alerted the restaurant staff about his reaction and continued with his trip as planned, including attending the U.S. Open tennis tournament.

  • Manz visited the Los Tacos No. 1 location in Times Square in 2024.

The players

Faycal Manz

A German tourist who sued Los Tacos No. 1 over their spicy green salsa.

Los Tacos No. 1

A popular taco chain with a location in Times Square, New York City.

Judge Dale E. Ho

The federal judge who presided over and dismissed Manz's lawsuit against Los Tacos No. 1.

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What they’re saying

“In fact, when it comes to salsa, the spice is often the point,”

— Judge Dale E. Ho, Federal Judge

What’s next

The judge's decision ends Manz's lawsuit against Los Tacos No. 1. Manz has filed other lawsuits related to his 2024 trip to New York City, including a case against Walmart and the NYPD, but those cases have also been dismissed or are still pending.

The takeaway

This case serves as a reminder that restaurants serving traditional ethnic cuisines cannot be held liable for serving food that is consistent with the typical flavors of that cuisine, even if an individual customer finds the spice level too intense. Customers have a responsibility to research and understand what they are ordering, rather than expecting the restaurant to cater to unrealistic preferences.