Texas Woman Sues Restaurant Chain for $250,000 Over Cow Tooth in Taco

A Texas woman is seeking $250,000 in damages from the restaurant chain Torchy's Tacos after she discovered what she alleges was a cow tooth in her taco.

Nohemi Castillo filed the lawsuit in Travis County District Court on October 13, stemming from a takeout order placed on June 9 at the chain's South Congress Avenue location in Austin. Castillo had ordered the restaurant's Democrat tacos, which are made with braised beef cheek.

According to the complaint, Castillo nearly swallowed the object, which was later confirmed by the restaurant to be a cow tooth. A witness stated that Castillo exclaimed and pulled an item from her mouth, initially believing it to be a bone before identifying it as a tooth.

Torchy's Tacos confirmed in a statement that the item was a cow tooth. The company explained that its barbacoa is made from natural beef cheek sourced from a supplier and that such an occurrence is possible, though rare, during meat processing. The chain stated it has reinforced procedures with its supplier to prevent future incidents and takes food safety concerns seriously.

Castillo's attorney, Scott Vasquez, claims the restaurant did not acknowledge the object as a cow tooth until the incident gained media attention in October, approximately four months after the alleged discovery. The lawsuit alleges that Castillo notified the restaurant's manager, but it remains unclear what action was taken.

The complaint further asserts that Torchy's was aware of unspecified "problems contained in their sold food products" and failed to adequately inspect or monitor its taco meat. Castillo claims the incident caused her physical pain, mental anguish, and medical expenses, stating she felt "grossed out and sickened" and visited a doctor who prescribed medication.

The lawsuit names Torchy’s Tacos and Success Foods Management Group LLC, the operator of the chain, as defendants. It accuses them of failing to ensure food was properly prepared, inspected, and distributed, of inadequately monitoring their meat supplier, and of breaching implied warranties that food sold is fit for consumption. Additionally, the complaint alleges violations of the Texas Deceptive Trade Practices Act and federal food safety requirements.

Castillo contends she would not have purchased the meal, or would have inspected it more carefully, had she known of the alleged defect. She is seeking monetary relief of $250,000 or less.

Vasquez also stated he has become aware of other individuals reporting similar experiences with Torchy's after the story emerged.