Family files lawsuit in case of teen who died after eating spicy potato chips: NPR

BOSTON — A lawsuit was filed Thursday against Hershey Co., Walgreens and several other companies in the case of a Massachusetts teen who died after participating in a spicy tortilla chip challenge that was widely promoted on social media.

Harris Woolopah, a 10th grader from Worcester, died on September 1, 2023, after eating Paki chips as part of the manufacturer’s “One Chip Challenge”. A post-mortem examination revealed Woolopah died after consuming a large amount of chilli extract and also had a congenital heart defect.

Harris died of cardiopulmonary arrest “in connection with recent ingestion of a food item containing a high concentration of capsaicin,” according to an autopsy from the Office of the Chief Medical Examiner. Capsaicin is the ingredient that gives chili peppers their heat. The autopsy also said Harris had cardiomegaly, which means an enlarged heart, and a birth defect described as “myocardial bridging of the left anterior descending coronary artery.”

“Today we have filed a lawsuit on behalf of this wonderful family for the death of their beloved son Harris,” said Douglas Schiff, one of the attorneys representing the family in the lawsuit filed in Suffolk Superior Court. The lawsuit seeks a court-determined award that includes punitive damages.

Schiff said the parties created a “perfect storm” that led to Wooloobah’s death, including Baki’s producing the spicy chips and encouraging people to post videos of themselves eating the chips on social media while the lawsuit alleged that Walgreens sold “toxic chips” to children.

“The defendants were paid approximately $10 per chip, $10 for the chip that killed Harris, and $10 for his life,” Schiff said. “Isn’t it clear that these defendants knew full well that this chip posed an unreasonable risk? Isn’t this a clear marketing campaign aimed at luring children into this particular danger?”

Harris’s parents, Lewis, Amos and Lobah, attended the news conference but did not speak. But at several points, Amos and Lobah appeared to become emotional and Lewis appeared to blow a kiss to a photo of Harris that was being shown.

An autopsy found that Harris and Lobah had an enlarged heart and a birth defect described as “myocardial bridging of the left anterior descending coronary artery.” But Schiff insisted that had nothing to do with his death.

“The chip is what killed him,” he said.

Buckeye, a Texas-based subsidiary of Hershey, expressed sadness over Wallopah’s death, but also pointed to “the clear and prominent label on the chip highlighting that the product is not for children or anyone sensitive to spicy foods or with underlying health conditions.”

The Paki chip, which sold individually for about $10, was wrapped in foil in a coffin-shaped box with a warning that it was intended for “the vengeful pleasure of extreme heat and pain.” The warning said the chip was for adult consumption only and should be kept out of the reach of children. After seeing reports of teens and others not heeding the warnings, the company said it worked with retailers “to voluntarily remove the product from shelves in September 2023, and the One Chip Challenge has been discontinued.”

A Walgreens spokesman said he had no comment on the lawsuit, while Hershey did not immediately respond to a request for comment.

Despite the warning, kids have had no trouble buying chips, and there have been reports from across the country of teens falling ill after taking part in the potato chip challenge. They include three California high school students who were hospitalized and seven Minnesota students who were treated by paramedics after taking part in the challenge in 2022.

The challenge required participants to eat a Paki chip and then see how long they could go without any other food or water. Sales of the chip appeared to be largely driven by people posting videos on social media of themselves or their friends taking the challenge. They showed people, including children, opening the wrapper, eating the chip, and then reacting to the heat. Some of the videos showed people vomiting, coughing, and begging for water, and the lawsuit cites dozens of examples of people getting sick after eating the chip.

The deaths of Harris and Lobah have sparked warnings from Massachusetts authorities and doctors that eating such spicy foods can have unintended consequences. Since the potato chip trend began, poison control centers have warned that concentrated amounts can cause allergic reactions, difficulty breathing, irregular heartbeats and even heart attacks or strokes.

Schiff said the lawsuit aims to provide justice for the Wollbach family and serve as a warning “to all those who would put our children at risk.”