Judge Allows Some Claims in Spicy Chip Challenge Wrongful Death Suit to Proceed
A federal judge in Massachusetts has ruled on a wrongful death lawsuit involving a teenager who died after participating in the 'One Chip Challenge' (OCC), a social media trend involving eating a highly spicy tortilla chip. The lawsuit, filed by the mother of the deceased teen, Harris Wolobah, claims that the manufacturers, The Hershey Co. and its affiliates, Paqui and Amplify Snack Brands, Inc., produced an 'unreasonably dangerous' product. The judge dismissed claims against Walgreens, where the chip was purchased, but allowed claims of design defect and breach of implied warranty against the manufacturers to proceed. The court found that the manufacturers owed a duty to the deceased, even though he did not purchase the chip himself.