BOSTON — The parents of Harris Wolobah, a Worcester teen who died after consuming an extremely spicy chip as part of a social media challenge, have filed a lawsuit charging the manufacturers and sellers of the chip with causing their son’s death.

Spicy Chip Challenge Death

Amos Wolobah, father of Harris Wolobah, participates in a press conference announcing the filing of a lawsuit in the case of a teen who died after eating a spicy tortilla chip on Thursday, in Boston. Michael Casey/Associated Press

“This product should never have been available to adults, let alone children,” said Douglas Sheff, a lawyer from the Sheff and Cook firm representing the Amos and Lois Wolobah, at a press conference Thursday. “It should never have been put on the shelves. What did (the defendants) do? They just kept pushing and pushing, until Harris died. Our Massachusetts community is outraged at the loss.”

On Sept. 1, 2023, Harris Wolobah, 14, ate part of a chip – containing a substance from the Carolina Reaper pepper several hundred times as hot as jalapenos and commonly used in bear spray – marketed as part of the social media “One Chip Challenge,” Sheff detailed. In the challenge, participants typically record themselves eating and reacting to the extremely spicy chip and are encouraged to hold off drinking or eating for as long as possible.

The teen was found in his home unresponsive, taken to the hospital and pronounced dead that day.

The $10 chip, which was removed from shelves days after Harris’s death, was manufactured by the Texas-based company Paqui, a subsidiary of The Hershey Company. Harris’s chip was sold by Walgreens. All three companies are listed as defendants in the Wolobahs’ lawsuit filed Thursday in Suffolk Superior Court, the lawyer stated, along with an individual who worked at Walgreens.

An autopsy in May concluded Harris’s heart failed “in the setting of recent ingestion of food substance with high capsaicin concentration,” the spicy substance in the chip. It also found the teen had an enlarged heart condition but did not conclude whether it was a factor in his death.

Advertisement

Following an autopsy, Paqui stated in a release there was “clear and prominent labeling highlighting that the product was not for children or anyone sensitive to spicy foods or with underlying health conditions,” but they voluntarily ceased sales “out of an abundance of caution.”

Sheff argued the heart condition remained undetectable through Harris’s life, even as an active basketball player on the court “seven days a week” with aspirations of playing in the NBA.

Attorneys announce a lawsuit against the company Paqui and their “One Chip Challenge” regarding the death of 14-year-old Harris Wolobah. (Nancy Lane/Boston Herald)“Harris apparently had a very common condition that millions of people have without any effect on their lives whatsoever,” Sheff said. “Had it not been for the chip, he would have had a normal, healthy life with a normal life expectancy.”

The “fine print on the back of the box,” Sheff continued, does not excuse the company’s marketing to kids. The chip was sold in a coffin-shaped box, with images of snakes, a bloody skull and the Grim Reaper asking, “Any last words?”

Children across the country have been harmed by the challenge, Sheff said, citing reports of kids’ hospitalizations and poison control calls to schools. The lawyers will seek information on more cases, including any possible deaths, during discovery.

“This case is a national, if not international concern,” said Sheff. “These kids did nothing wrong. They did what kids do. That’s why we are issuing a call to action. Anyone from anywhere who has consumed the Paqui Hershey chip is welcome to contact us in order to share their experience, to learn more about their rights, and how we could all work together to protect our kids.”

The Wolobahs were visibly emotional during the press conference, crying audibly as images of their son and a recording of a priest close to the family describing Harris and the impact of his death on the family and community were displayed on a screen.

Lois Wolobah, mother of 14-year-old Harris Wolobah, holds a flower and wears a wristband reading “always in our hearts” as attorneys announce a lawsuit against the company Paqui and their “One Chip Challenge” regarding the death of their son. (Nancy Lane/Boston Herald) The parents did not speak directly, and their lawyers echoed their request for privacy at this time.

“They struggle with this horrible situation every hour of every day of their lives,” Sheff said, looking to the Wolobahs. “They lived their lives for their kids. They believe that by filing this lawsuit, they’re going to ensure that this doesn’t happen to other kids.”

Related Headlines

Comments are not available on this story.

filed under: