BOSTON — A lawsuit was filed Thursday against Hershey’s, Walgreens and several other companies in the case of a Massachusetts teenager who died after participating in a spicy tortilla chip challenge that was widely promoted on social media.
Harris Worova, a 10th grade student from Worcester, died on September 1, 2023, after eating Paki chips as part of Paki’s “One Chip Challenge.” An autopsy revealed that Worova died after consuming a large amount of chilli pepper extract and also had a congenital heart defect.
According to the medical examiner’s office autopsy report, Harris died of cardiac arrest “resulting from recent ingestion of foods containing high levels of capsaicin,” the compound that makes chili peppers hot. The autopsy report also noted that Harris had cardiomegaly, an enlarged heart, and a birth defect called a “myocardial bridge of the left anterior descending coronary artery.”
“Today, we have filed a wrongful death lawsuit on behalf of this wonderful family for the loss of their beloved son, Harris,” said Douglas Sheff, one of the attorneys representing the family in the lawsuit, filed in Suffolk Superior Court. The lawsuit asks the court to award damages, including punitive damages.
Sheff said the parties created a “perfect situation” that led to Worova’s death, with Paki producing the spicy chips and encouraging people to post videos of themselves eating them on social media, while the lawsuit alleges Walgreens sold “toxic chips” to children.
“The defendants charged approximately $10 per tip – $10 for the tip that caused Harris’ death and $10 for his life,” Sheff said. “Isn’t it clear that the defendants knew full well that these tips were unreasonably dangerous? And that this was a clear marketing campaign designed to lure children into exactly that danger?”
Ms Harris’ parents, Lois and Amos Worova, attended the press conference but did not speak, but Amos Worova appeared to grow emotional at several times and Lois was seen blowing kisses to a photograph of Ms Harris.
An autopsy revealed that Haris Worova had an enlarged heart and a birth defect called a “myocardial bridge of the left anterior descending coronary artery,” but Shehu said this had no bearing on his death.
“The chip killed him,” he said.
Hershey’s Texas subsidiary, Paki, expressed sadness over Worova’s death but also noted the chips’ “clear and conspicuous labeling emphasizing that the products are not intended for children, people with sensitivities to spicy foods or those with underlying medical conditions.”
Sold for about $10 each, the Paki Chips were wrapped in foil in a coffin-shaped box and came with a warning that the chips were intended for “revenge pleasure through intense heat and pain.” The warning said the chips were only to be consumed by adults and should be kept out of reach of children. After reports of teenagers and others not following the warning, the company said it worked with retailers to “voluntarily remove this product from shelves in September 2023 and the One Chip Challenge has been discontinued.”
A Walgreens spokesman said the company couldn’t comment on litigation, and Hershey’s did not immediately respond to a request for comment.
Despite the warnings, kids have had no problem buying the chips, and there have been reports from around the country of teenagers getting sick after participating in the chip-eating challenge, including three high school students in California who were taken to the hospital after taking part in the 2022 challenge, and seven students in Minnesota who were treated by paramedics.
In the challenge, participants eat Paki chips and then see how long they can go without consuming any other food or water. Sales of the chips appear to have been driven primarily by people posting videos on social media of themselves and their friends taking part in the challenge. The videos showed people, including children, opening the packages, eating the chips, and reacting to their heat. Some of the videos show people choking, coughing, and begging for water, and the lawsuit cites numerous examples of people becoming ill after eating the chips.
Harris-Worova’s death prompted warnings from Massachusetts officials and doctors about the unintended consequences of eating such spicy foods. Since the chip epidemic began, poison control centers have warned that consuming high concentrations of the chips can cause allergic reactions, breathing difficulties, irregular heartbeats, and even heart attacks and strokes.
Shehu said the lawsuit aims to bring justice to the Worova family and serve as a warning to “all those who put our children at risk.”