Austin, Texas — A Texas woman has filed a lawsuit against Torchy’s Tacos after allegedly discovering a cow’s tooth in a barbacoa taco she ordered for takeout, claiming the unexpected finding left her disgusted and prompted her to seek medical attention.
Nohemi Castillo filed a complaint following the June 9 incident at a Torchy’s Tacos location in Austin. According to the complaint, Castillo had ordered the chain’s “Democrat” tacos, which are made with barbacoa, or braised beef cheek.
The lawsuit seeks up to $250,000 in damages and alleges negligence, food safety violations and deceptive business practices. Torchy’s Tacos has acknowledged that the item was identified as a cow’s tooth and says it is working with its supplier to prevent similar incidents.
Woman Claims She Nearly Swallowed a Cow’s Tooth
According to the complaint, Castillo discovered what appeared to be a cow’s tooth inside one of her tacos.
“One of the tacos had what appeared to be a cow tooth in it, which she almost swallowed,” the complaint alleges.
The discovery reportedly happened after Castillo ordered her meal for takeout on June 9. The complaint states that she contacted the restaurant’s manager after finding the object.
However, Castillo questioned whether the manager took appropriate action to address the issue. The complaint states that it was “unclear what if anything he did to remedy the problem within his food and under his control.”
Castillo also alleges that the incident left her “grossed out and sickened.” According to the lawsuit, she subsequently visited a doctor and received prescription medication.
The available account does not specify the medication she was prescribed or establish that she suffered a particular medical injury from the incident.
Lawsuit Seeks Up to $250,000 in Damages
Castillo is pursuing damages of up to $250,000, alleging negligence and violations of the Texas Uniform Commercial Code and the federal Food Safety Modernization Act.
The complaint also accuses Torchy’s Tacos and its parent company, Success Foods Management Group, LLC, of engaging in an “unconscionable action or course of action” and committing “false, misleading or deceptive practices.”
According to the filing, the companies allegedly knew about problems involving food products before Castillo received her order. The complaint further alleges that “the food was not reasonably prepared, inspected, or delivered” before being served.
These statements represent allegations made in the lawsuit. They have not been established as findings of fact, and the filing itself does not determine whether the restaurant or its parent company violated the law.
What the Lawsuit Says About Food Safety
The complaint also raises questions about preventive measures used to identify potential hazards during food preparation and processing.
It cites requirements under the Food Safety Modernization Act concerning the evaluation of hazards that could affect food and the implementation of preventive controls to reduce or prevent those risks.
Castillo’s attorney, Steven Vasquez, told local news outlet that his client contacted him immediately after the incident.
“Her reaction was disgust — ‘What is this?’” Vasquez said. He also described the tooth as “large.”
The case places the focus on how foreign objects can enter food products during processing and what steps businesses and suppliers take to identify and prevent such problems.
Torchy’s Tacos Responds to the Allegations
Torchy’s Tacos issued a statement addressing the customer’s complaint. The company said it “take[s] all concerns about our food seriously” and “source[s] the highest quality food available.”
It also explained that its barbacoa is made from beef cheek obtained through a supplier.
“Our barbacoa comes from natural beef cheek that we source from a supplier,” the statement read. “Upon receiving the guest complaint, we conducted a thorough review and identified the item as a cow tooth.”
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The company added that the incident could occur during meat processing, although it described such an occurrence as rare.
“This can occasionally happen when processing the meat, though it is quite rare,” the statement continued, adding that the company is working with the supplier to prevent future occurrences.
The response confirms that the restaurant identified the object as a cow’s tooth following its review. However, the company’s statement does not establish the legal responsibility of the restaurant, its parent company or the supplier.
What Happens Next in the Case?
The lawsuit seeks financial compensation over the alleged incident and the resulting distress and medical visit described in the complaint.
The case also raises questions about quality control during meat processing, inspection procedures and how restaurants respond when customers report potentially hazardous objects in their meals.
For now, Castillo’s claims remain allegations, while Torchy’s Tacos has provided its account of the product and the steps it says it is taking with its supplier.
Further developments in the legal proceedings may clarify the disputed claims and whether any liability is established.
What do you think restaurants should do when a customer discovers a foreign object in their food? Share your thoughts in the comments below.
