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Taco ’bout biting off more than you can chew.
A Texas woman’s lunch took an unexpectedly toothsome turn when she allegedly discovered a cow tooth in her taco, prompting a lawsuit against popular restaurant chain Torchy’s Tacos over a bizarre ingredient the company has since confirmed was the real deal.
Nohemi Castillo claims she nearly swallowed the tooth while eating takeout from the chain’s South Congress Avenue location in Austin on June 9, according to a lawsuit independently obtained by Digital and filed Oct. 13 in Travis County District Court.
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A close-up shows the cow tooth that Nohemi Castillo allegedly discovered in her Torchy’s Tacos meal. The restaurant confirmed the object was a cow tooth. (Courtesy of Scott Vasquez)
The order included the chain’s “Democrat” tacos, according to the complaint, although a cow tooth was certainly not among the advertised ingredients.
Torchy’s Tacos confirmed the unusual discovery in a statement to Austin TV station KVUE, saying its own investigation determined that the object was 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 restaurant explained that its barbacoa comes from natural beef cheek sourced from a supplier, adding that it has taken steps to prevent similar incidents.
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A witness described seeing Nohemi Castillo allegedly remove an object from her mouth while eating Torchy’s Tacos takeout in Austin, Texas, according to a statement provided by her attorney. (Courtesy of Scott Vasquez)
“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, told Digital that the company did not acknowledge to him that the object was a cow tooth until the story attracted local media attention in October, roughly four months after the incident.
Vasquez provided Digital with additional photographs showing the tooth beside a tape measure, offering a closer look at the sizable object Castillo claims she nearly swallowed.
Another photograph included in the court filing shows the object resting on aluminum foil beside what appears to be taco meat.
A witness statement provided by Castillo’s attorney describes the moment an ordinary lunch with a colleague took an unpleasant turn.
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A Torchy’s Tacos restaurant in Texas. The chain faces a lawsuit after a customer allegedly discovered a cow tooth in a taco purchased from its South Congress Avenue location in Austin. (Getty Images)
“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 witness wrote.
The colleague described Castillo examining the object while holding her left cheek before concluding that it appeared to be a tooth.
According to the lawsuit, Castillo was disgusted and sickened by the discovery and visited a doctor later that evening, where she received prescriptions.
The complaint alleges that she incurred medical expenses and experienced physical pain, mental anguish and other damages.
Castillo is suing Torchy’s Tacos and Success Foods Management Group, which does business as Torchy’s Tacos, alleging that the defendants failed to properly prepare, inspect and distribute the food before selling it to customers.
The lawsuit further alleges that Torchy’s failed to adequately monitor its meat supplier and breached implied warranties that food sold to consumers is fit for consumption. It also alleges violations of the Texas Deceptive Trade Practices Act and federal food safety requirements.
A cow tooth allegedly discovered in a Torchy’s Tacos order is shown beside a measuring tape in a photograph provided by the customer’s attorney, Scott Vasquez. (Courtesy Scott Vasquez)
Castillo contends that she would not have purchased the meal, or would have examined it more closely, had she known about the alleged defect.
She is seeking monetary relief of $250,000 or less, with any final award to be determined by a jury.
Vasquez also told Digital that he has become aware of other individuals reporting similar experiences with Torchy’s since the story received attention, although those accounts have not been independently verified.
The attorney characterized the company’s earlier responses as providing limited information while shifting blame and responsibility to others.
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Torchy’s, meanwhile, maintains that it took the complaint seriously and conducted a thorough review.
“We are aware of the situation and take all concerns about our food seriously,” the company told KVUE.
Torchy’s did not immediately respond to Digital’s request for comment.
