A Travis County woman has sued Torchy’s Tacos for up to $250,000 after she says she nearly swallowed a cow tooth hidden in a taco she ordered from the chain’s South Congress Avenue location in Austin.
Nohemi Castillo filed the lawsuit Oct. 13 in Travis County District Court against Torchy’s Tacos and Success Foods Management Group, which operates the chain. According to the complaint, Castillo was eating takeout that included the restaurant’s “Democrat” tacos on June 9 when she bit into something hard.
A witness statement included in the court filing describes the moment: “As we were eating, I heard an ‘awww!’ When I turned to Nohemi, I saw her pulling something out of her mouth, she said, ‘I think it’s a bone.'” The colleague said Castillo held her left cheek while examining the object before deciding it looked like a tooth. Photos filed with the lawsuit show the object beside a tape measure and resting on foil next to what appears to be taco meat.
Torchy’s confirmed to Austin TV station KVUE that an internal review identified the object as a cow tooth. “Upon receiving the guest complaint, we conducted a thorough review and identified the item as a cow tooth,” the company said. “This can occasionally happen when processing the meat, though it is quite rare.”
The chain said its barbacoa is made from natural beef cheek supplied by a third-party vendor and that it has since worked with that supplier to tighten procedures. “We have partnered with our supplier to reinforce their internal procedures to prevent this from happening in the future,” Torchy’s said.
Castillo’s attorney, Scott Vasquez, said the company did not confirm the object was a cow tooth to him until roughly four months after the incident, once the case drew local media coverage. Vasquez said he has since heard from other people describing similar experiences with Torchy’s, though those accounts have not been independently verified.
According to the lawsuit, Castillo was sickened by the discovery and saw a doctor that evening, receiving prescriptions and incurring medical expenses. The complaint alleges she suffered physical pain and mental anguish, and that she would not have bought the meal, or would have examined it more carefully, had she known of the alleged defect.
The lawsuit accuses Torchy’s and its parent company of failing to properly prepare, inspect and distribute the food, failing to adequately monitor its meat supplier, and breaching implied warranties that food sold to consumers is fit to eat. It also alleges violations of the Texas Deceptive Trade Practices Act and federal food safety requirements. Castillo is seeking $250,000 or less, with a jury to determine any final award.
Torchy’s told KVUE it takes all concerns about its food seriously. The company did not immediately respond to a request for comment from Fox News Digital.
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