A Paqui One Chip Challenge chip will be on display in Boston on September 8, 2023.
Steve LeBlanc/AP
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Steve LeBlanc/AP
BOSTON — A lawsuit was filed Thursday against Hershey, Walgreens and several other companies in the case of a Massachusetts teenager who died after participating in a spicy tortilla chip challenge that was widely promoted on social media.
Harris Wolobah, a 10th grader from Worcester, died on September 1, 2023 after eating the Paqui chip as part of the manufacturer’s “One Chip Challenge.” An autopsy revealed that Wolobah died after eating a large amount of chili pepper extract and also had a congenital heart defect.
Harris died of cardiac arrest “in the context of recent ingestion of a food containing a high concentration of capsaicin,” according to the coroner’s autopsy. Capsaicin is the compound that gives chili peppers their heat. The autopsy also said Harris had cardiomegaly, meaning he had an enlarged heart, and a congenital abnormality described as “myocardial bridging of the left anterior descending coronary artery.”
“Today, we have filed a wrongful death lawsuit on behalf of this wonderful family for the loss of their beloved son Harris,” said Douglas Sheff, one of the attorneys representing the family in the lawsuit filed in Suffolk Superior Court. The lawsuit is seeking a judgment from the court that would include punitive damages.
Sheff said the parties created a “perfect storm” that led to Wolobah’s death, with Paqui producing the spicy chip and encouraging people to post videos of themselves eating the chip on social media, while the lawsuit alleged Walgreens sold the “toxic chip” to children.
“The defendants were asking for approximately $10 for each chip, $10 for the chip that killed Harris, $10 for his life,” Sheff said. “Isn’t it clear that these defendants knew full well that this chip was unreasonably dangerous? And isn’t this a clear marketing campaign designed to lure children into that danger?”
Lois and Amos Wolobah, Harris’ parents, were present at the press conference but did not speak. However, at several points, Amos Wolobah appeared to become emotional and Lois appeared to blow a kiss on a photo shown of Harris.
The autopsy revealed that Harris Wolobah had cardiomegaly, which means an enlarged heart, and a congenital abnormality described as “myocardial bridging of the left anterior descending coronary artery.” But Sheff was adamant that this had nothing to do with his death.
“The chip was his death,” he said.
Paqui, a subsidiary of Texas-based Hershey Co., expressed sadness over Wolobah’s death but also cited the chip’s “clear and prominent labeling, which emphasizes that the product is not intended for children or people with sensitivities to spicy foods or underlying health conditions.”
The Paqui chip, which sold individually for about $10, came packaged in foil in a coffin-shaped box with a warning that it was intended for the “vengeful enjoyment of intense heat and pain.” The warning said the chip was intended for adult consumption only and should be kept out of reach of children. After reports of teens and others ignoring the warnings, the company said it had worked with retailers to “voluntarily remove the product from shelves by September 2023, and the One Chip Challenge has been discontinued.”
A Walgreens spokesperson said there was no comment on the lawsuit, while Hershey’s did not immediately respond to a request for comment.
Despite the warning, kids had no problem buying the chips, and there were reports from across the country of teens getting sick after taking part in the chip-eating challenge. Among them were three California high school students who were taken to a hospital and seven Minnesota students who were treated by paramedics after taking part in the 2022 challenge.
The challenge involved participants eating the Paqui chip and then seeing how long they could go without consuming other food and water. Sales of the chip appeared to be driven largely by people posting videos on social media of themselves or their friends doing the challenge. The videos showed people, including children, unwrapping the package, eating the chips and then reacting to the heat. Some of the videos showed people gagging, coughing and begging for water, and the lawsuit cites dozens of examples of people becoming sick after eating the chip.
Harris Wolobah’s death prompted warnings from Massachusetts authorities and doctors that eating such spicy foods could have unintended consequences. Since the chip craze began, poison control centers have warned that the concentrated amounts can cause allergic reactions, breathing problems, irregular heartbeats and even heart attacks or strokes.
Sheff said the lawsuit aims to bring justice to the Wolobah family and serve as a warning “to anyone who puts our children in danger.”