An Austin woman is suing Torchy’s Tacos after finding what the restaurant chain confirmed was a cow tooth in a taco she ordered for takeout.
Nohemi Castillo filed a lawsuit Oct. 13 against Torchy’s Tacos and Success Foods Management Group LLC, which does business as Torchy’s Tacos, according to FOX 7 Austin. The lawsuit stems from an incident on June 9, when Castillo ordered a Democrat taco made with beef barbacoa from the chain’s location at 1822 S. Congress Ave. in Austin.
According to FOX 7, Castillo alleged that she nearly swallowed what appeared to be a cow tooth inside the taco. She was “grossed out and sickened” by the discovery and visited a doctor that evening, receiving prescription medication, the outlet reported.
Castillo is seeking
up to $250,000 in damages, alleging negligence, breach of implied warranties and violations of the Texas Deceptive Trade Practices Act and the federal Food Safety Modernization Act, according to FOX 7 and KVUE. USA TODAY reached out to Castillo’s attorney, Scott Vasquez, for additional comment on the lawsuit and the allegations.
What was in the taco?
The Democrat taco contains beef barbacoa, avocado, cotija cheese, cilantro, diced onions and tomatillo salsa, according to the restaurant’s menu.
Castillo’s lawsuit reportedly includes a photograph of the tooth and alleges that Torchy’s failed to properly inspect and prepare its food to prevent foreign objects from entering the product.
The filing also alleges that a manager at the South Congress location was notified of the incident but questions whether the manager took action to address the problem, according to FOX 7.
Vasquez told KVUE that he believed the tooth should have been detected before the food reached the customer.
“It could choke somebody. It really could,” Vasquez told the outlet.
What Torchy’s Tacos said
A Torchy’s Tacos spokesperson told KXAN and KVUE that the company investigated Castillo’s complaint and confirmed the object was a cow tooth.
“We source the highest quality food available, which means our barbacoa comes from natural beef cheek that we source from a supplier,” the spokesperson said in a statement.
The company said such incidents can occur during meat processing but are rare. It also said it had partnered with its supplier to reinforce internal procedures and help prevent similar incidents.
Vasquez told KVUE that he was disappointed with how the company handled the complaint and hoped it would take responsibility.
USA TODAY reached out to Torchy’s Tacos for additional comment on the lawsuit and its allegations.
Reporter Anthony Thompson can be reached at ajthompson@usatodayco.com, or on X @athompsonUSAT
This article originally appeared on USA TODAY: Texas woman sues Torchy’s Tacos after finding cow tooth in taco
