Family launches lawsuit after teen dies following viral ‘One Chip Challenge’

The household of a 14-year-old boy who died after taking part within the “One Chip Problem,” a spicy meals development, has filed a lawsuit towards the chip model, its guardian firm and the shop the place {the teenager} bought the snack.

On Thursday, the tearful mother and father of Harris Wolobah – the Worcester, Massachusetts, teen who died – sat beside their lawyer as they introduced they might be pursuing authorized motion for the wrongful dying of their son.

Harris died in September after taking part within the “One Chip Problem” – a meals development that challenges customers to attempt to eat a single, extraordinarily spicy chip made by Paqui. The snack meals model is a subsidiary of Hershey Co.

The Chief Medical Examiner for the Commonwealth of Massachusetts concluded Harris, who had a congenital coronary heart defect, died of cardiac arrest after consuming meals “with a excessive capsaicin focus.” Capsaicin is the lively element of chili peppers.

The one-packaged chip is available in a coffin-shaped field and says it’s made for grownup consumption and must be stored out of attain of youngsters. However a lawyer for the Wolobah household stated the corporate negligently launched a harmful meals product and marketed itself towards youngsters.

“Isn’t it clear that these defendants knew full properly that this chips was unreasonably harmful? And isn’t this an apparent advertising and marketing marketing campaign designed to draw children to that very hazard?” Lawyer Douglas Sheff stated.

“The promotion was intelligent however lethal,” Sheff added.

Lois Wolobah, Harris’s mom who’s representing her son’s property within the lawsuit, alleges that Paqui marketed itself towards minors by creating the viral development on in style social media apps equivalent to TikTok and creating packaging with cartoons that appealed to younger individuals.

A number of minors throughout the nation have been despatched to the hospital after consuming the chip in 2022.

She alleges the defendants have been absolutely conscious minors have been buying the chips and taking part within the problem however “continued to fabricate, market and promote” the chip anyway.

Paqui pulled the “One Chip Problem” from cabinets after Harris’s dying.

“They wrestle with this horrible scenario each hour of each day of their lives,” Sheff, stated. “They consider that by submitting this lawsuit, they’re going to make sure that this doesn’t occur to different children and different households.”

The lawsuit, filed in Suffolk Superior Courtroom, accuses Paqui, Amplify Snack Manufacturers, Hershey Co., Walgreens Massachusettes, of gross negligence, failure to warn, breach of an implied guarantee and extra.

James Connolly, the supervisor of the Walgreens and the unnamed cashier who offered the chip are each accused of negligence and gross negligence.

A spokesperson for Paqui stated they continue to be “deeply saddened by the dying of Harris Wolobah” and prolong condolences to his household and mates however that they “disagree with the allegations” and can defend themselves towards the claims.

“Paqui’s One Chip Problem was supposed for adults solely, with clear and outstanding labeling highlighting that the product was not for kids or anybody delicate to spicy meals or has underlying well being situations. We noticed elevated stories of teenagers and different people not heeding these warnings. Because of this, whereas the product adhered to meals security requirements, out of an abundance of warning, we labored with retailers to voluntarily take away the product from cabinets in September 2023 and discontinued the One Chip Problem,” the spokesperson stated.

The Impartial has requested Hershey Co. for remark