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By Abby Patkin
The family of a Worcester teen who died last year after partaking in the exceedingly spicy “One Chip Challenge” has filed a wrongful death lawsuit against chipmaker Paqui and several others.
Harris Wolobah, 14, fell ill at school on Sept. 1, 2023, after eating a chip dusted with two of the world’s hottest peppers as part of a viral social media trend. He died hours later, and the state’s Office of the Chief Medical Examiner concluded his cause of death was cardiopulmonary arrest “in the setting of recent ingestion of food substance with high capsaicin concentration.”
An autopsy report obtained by the Associated Press also noted the teen had an enlarged heart and a congenital heart defect.
The “One Chip Challenge” dared consumers to eat a chip made with extra spicy peppers, often encouraging them to film their experience and post the video to social media. Tortilla chip company Paqui — a subsidiary of The Hershey Company — pulled the “One Chip Challenge” from stores in the wake of Wolobah’s death and discontinued the challenge altogether.
Now, Wolobah’s family is seeking more than $350,000,000 for ambulance and funeral expenses, “wrongful death, conscious pain and suffering, loss of consortium, society, companionship, comfort, guidance, and punitive damages,” according to court documents.
Thursday’s lawsuit alleges that Wolobah’s friend — also a minor — bought “one or more” of the “One Chip Challenge” packages at a Walgreens store in Worcester around Aug. 31, 2023. Among the defendants named in the complaint are Paqui and its owner, Amplify Snack Brands; Hershey; Walgreens; and two employees of the Worcester store.
Wolobah’s family alleges Walgreens did not secure the chips behind the checkout counter or in any locked containers, leaving them freely accessible to children. According to the lawsuit, Wolobah’s friend was never asked to present identification or prove his age upon purchasing the “One Chip Challenge.” Walgreens declined to comment on the complaint.
Wolobah and several friends consumed the chips at school the next morning, and Wolobah told a teacher he wasn’t feeling well afterward, according to his family. The teen allegedly lost consciousness as the teacher was writing a pass for him to go to the nurse’s office, and he complained of severe stomach pain after coming to.
Wolobah “was asked if he had ingested any narcotics or alcohol, and he replied, ‘No it was the chip,’” the lawsuit alleges.
After speaking with the school nurse and their son’s medical provider, Wolobah’s parents say they brought the teen home. That afternoon, he “fell ill” and went to his bedroom, where he was “found to be in distress” a short time later, according to the lawsuit. Wolobah ultimately lost consciousness and stopped breathing, and he was pronounced dead at a hospital.
The lawsuit argues that the defendants knew or should have known the dangers associated with the “One Chip Challenge,” pointing to the label’s warnings about keeping the chip away from children and people with medical conditions and allergies or sensitivities. The complaint also notes several other instances across the U.S. where children were sickened after partaking in the “One Chip Challenge.”
Noting the role social media played in the viral trend, Wolobah’s family alleges the defendants were “grossly negligent and/or reckless” and “directly, intentionally, purposefully, and willfully targeted children, adolescents, teenagers in their marketing and advertising for the 2023 ‘One Chip Challenge.’”
“Hershey cannot hide behind Paqui and Paqui cannot hide behind TikTok or any other social media platform,” Wolobah family attorney Douglas Sheff said during a press conference Thursday, according to WBZ.
Per WBZ, Sheff also said Harris Wolobah’s parents never knew he had an enlarged heart and congenital defect, as the issues didn’t come up during his physicals.
In a statement, a Paqui spokesperson said the company remains “deeply saddened by the death of Harris Wolobah and extend[s] our condolences to his family and friends.”
“Paqui’s One Chip Challenge was intended for adults only, with clear and prominent labeling highlighting that the product was not for children or anyone sensitive to spicy foods or has underlying health conditions,” the statement read. “We saw increased reports of teens and other individuals not heeding these warnings. As a result, while the product adhered to food safety standards, out of an abundance of caution, we worked with retailers to voluntarily remove the product from shelves in September 2023 and discontinued the One Chip Challenge.”
Abby Patkin is a general assignment news reporter whose work touches on public transit, crime, health, and everything in between.
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