The Chip Paqui One Chip Challenge is presented 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 others in the case of a Massachusetts teenager who died after she participated in a spicy tortilla chip challenge that was widely promoted on social media.
Harris Wolobah, a 10th grade student from the city of Worcester, died on September 1, 2023, after eating Paqui chips as part of the manufacturer’s “One Chip Challenge”. An autopsy found Wolobah died after consuming a large amount of chili extract and also had a congenital heart defect.
Harris died of cardiopulmonary arrest “in the setting of recent food ingestion with a high concentration of capsaicin,” according to an autopsy from the Office of the Chief Medical Examiner. Capsaicin is the component that gives peppers their heat. The autopsy also said Harris had cardiomegaly, meaning an enlarged heart, and a congenital defect described as “myocardial bridging of the left anterior descending coronary artery.”
“Today, we are filing 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 seeks a judgment determined by the court that will include punitive damages.
Sheff said the party created a “perfect storm” that led to Wolobah’s death including Paqui producing spicy chips and encouraging people to post videos of themselves eating the chips on social media amid a lawsuit alleging Walgreens sold “poisonous chips” to children.
“The defendants charged about $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 that these chips were extremely dangerous? And wasn’t this a clear marketing campaign designed to lure children into the danger?
Lois and Amos Wolobah, Harris’ parents, attended the press conference but did not speak. But at some point, Amos Wolobah seems to get emotional and Lois is seen kissing the photo shown by Harris.
An autopsy said Harris Wolobah had cardiomegaly, meaning an enlarged heart, and a congenital defect described as “myocardial bridging of the left anterior descending coronary artery.” But Sheff has maintained nothing to do with his death.
“Chip is what killed him,” he said.
Paqui, a subsidiary of Texas-based Hershey Co., expressed sadness over Wolobah’s death but also cited “clear and prominent labeling indicating that the product is not for children or anyone with a sensitivity to spicy foods or an underlying health condition.” “
Paqui chips, which sell for about $10 each, are wrapped in foil in a coffin-shaped box that bears a warning that it’s meant for “revenge pleasure of heat and pain.” The warning notes that the chip is for adult consumption only, and should be kept away from children. After seeing reports of teenagers and others ignoring the warning, the company said it was working with retailers to “voluntarily remove the product from shelves by September 2023, and the One Chip Challenge has ended.”
A Walgreens spokeswoman said it had no comment on the lawsuit while Hershey did not immediately respond to a request for comment.
Despite the dangers, kids have no problem buying chips, and there are reports from around the country of teenagers getting sick after taking part in a chip-eating challenge. Among them were three California high school students who were taken to hospital and seven students in Minnesota who were treated by paramedics after participating in the challenge in 2022.
The challenge asks participants to eat Paqui chips and then see how long they can go without eating more food and water. Sales of these chips are largely driven by people posting videos on social media or friends taking on the challenge. They show people, including children, opening packages, eating chips and then reacting to the heat. Some videos show people gagging, coughing and begging for water and the lawsuit cites several examples of people getting sick after eating the chips.
Harris Wolobah’s death prompted warnings from Massachusetts authorities and doctors, who warned that eating the spicy food could have unintended consequences. Since the chip fad emerged, poison control centers have warned that 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 all those who put our children at risk.”
