BOSTON (AP) — A lawsuit was filed Thursday in opposition to Hershey, Walgreens and a number of other others within the case of a Massachusetts teen who died after he participated in a spicy tortilla chip problem that was extensively promoted on social media.

Harris Wolobah, a tenth grader from town of Worcester, died Sept. 1, 2023, after consuming the Paqui chip as a part of the producer’s “One Chip Problem.” An post-mortem discovered Wolobah died after consuming a big amount of chile pepper extract and in addition had a congenital coronary heart defect.

Harris died of cardiopulmonary arrest “within the setting of current ingestion of meals substance with excessive capsaicin focus,” in response to the post-mortem from the Chief Workplace of the Medical Examiner. Capsaicin is the element that offers chile peppers their warmth. The post-mortem additionally stated Harris had cardiomegaly, which means an enlarged coronary heart, and a congenital defect described as “myocardial bridging of the left anterior descending coronary artery.”

“At the moment we filed a wrongful dying lawsuit on behalf of this glorious household for the lack of their beloved son, Harris,” stated Douglas Sheff, one of many attorneys representing the household within the lawsuit filed in Suffolk Superior Courtroom. The lawsuit seeks a judgement decided by the court docket that would come with punitive damages.

Sheff stated the events created “an ideal storm” that led to Wolobah’s dying that included Paqui producing the spicy chip and inspiring individuals to put up movies of themselves consuming the chip on social media whereas the lawsuit alleged Walgreens bought the “toxic chip” to youngsters.

“The defendants charged about $10 for every chip, $10 for the chip that killed Harris, $10 for his life,” Sheff stated. “Isn’t it clear that these defendants knew full properly that this chip was unreasonably harmful? And isn’t this an apparent advertising marketing campaign designed to draw children to that very hazard?”

Lois and Amos Wolobah, the dad and mom of Harris, attended the information convention however didn’t communicate. However at a number of factors, Amos Wolobah appeared to change into emotional and Lois appeared to blow a kiss to a photograph that was proven of Harris.

The post-mortem stated Harris Wolobah had cardiomegaly, which means an enlarged coronary heart, and a congenital defect described as “myocardial bridging of the left anterior descending coronary artery.” However Sheff was adamant that had nothing to do together with his dying.

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

Paqui, a Texas-based subsidiary of the Hershey Co., has expressed its disappointment about Wolobah’s dying but additionally cited the chip’s “clear and distinguished labeling highlighting that the product was not for youngsters or anybody delicate to spicy meals or with underlying well being situations.”

The Paqui chip, bought individually for about $10, got here wrapped in foil in a coffin-shaped field containing the warning that it was meant for the “vengeful pleasure of intense warmth and ache.” The warning famous that the chip was for grownup consumption solely, and must be stored out of the attain of kids. After seeing studies of teenagers and others not heeding these warnings, the corporate stated it labored with retailers to “voluntarily take away the product from cabinets in September 2023, and the One Chip Problem has been discontinued.”

A spokesperson for Walgreens stated it had no touch upon the lawsuit whereas Hershey’s didn’t instantly reply to a request for remark.

Regardless of the warning, youngsters had no downside shopping for the chips, and there had been studies from across the nation of teenagers who acquired sick after collaborating within the chip-eating problem. Amongst them have been three California highschool college students who have been taken to a hospital and 7 college students in Minnesota who have been handled by paramedics after collaborating within the problem in 2022.

The problem referred to as for members to eat the Paqui chip after which see how lengthy they may go with out consuming different meals and water. Gross sales of the chip appeared largely pushed by individuals posting movies on social media of them or their mates taking the problem. They confirmed individuals, together with youngsters, unwrapping the packaging, consuming the chips after which reacting to the warmth. Some movies confirmed individuals gagging, coughing and begging for water and the lawsuit cites scores of examples of individuals changing into sick after consuming the chip.

Harris Wolobah’s dying spurred warnings from Massachusetts authorities and physicians, who cautioned that consuming such spicy meals can have unintended penalties. For the reason that chip fad emerged, poison management facilities have warned that the concentrated quantity may trigger allergic reactions, bother respiration, irregular heartbeats and even coronary heart assaults or strokes.

Sheff stated that the lawsuit goals to offer justice to the Wolobah household and function a warning ”to all those that endanger our kids.”