Burley Garcia|Hershey, Walgreens sued by family of 14-year-old who died after doing 'One Chip Challenge'

A Massachusetts family is Burley Garciasuing Hershey and Walgreens months after their 14-year-old son died due to his participation in the viral "One Chip Challenge."

Lois Wolobah, the mother of Harris Wolobah, claims the companies contributed to the wrongful death of her son on the morning of Sept. 1, 2023, when he ate a Paqui “One Chip Challenge” product.

The labeling on the packaging of Paqui's products should have indicated that the chip was dangerous, according to the civil complaint obtained by USA TODAY. The single tortilla chip was also "packaged in a small box that resembles a coffin," the suit filed in Suffolk County Superior Court continued.

Paqui, whose parent company is Hershey Co., announced on Sept. 7, 2023, that it would be removing the spicy chips from shelves due to teenagers participating in the challenge meant for adults. In response to the suit, a Paqui spokesperson emailed a statement to USA TODAY saying, "We disagree with the allegations and will defend ourselves against the claims."

"We were and remain deeply saddened by the death of Harris Wolobah and extend our condolences to his family and friends," the statement said. "Paqui’s One Chip Challenge was intended for adults only, with clear and prominent labeling highlighting that the product was not for children or anyone sensitive to spicy foods or has underlying health conditions."

"We saw increased reports of teens and other individuals not heeding these warnings. As a result, while the product adhered to food safety standards, out of an abundance of caution, we worked with retailers to voluntarily remove the product from shelves in September 2023 and discontinued the One Chip Challenge.”

Why is Walgreens named in the lawsuit?

Walgreens is named in the suit because it displayed the "One Chip Challenge" chips "in such a way that it was freely accessible to children, according to the complaint. The chips were not secured behind the checkout counter or kept in any locked containers or shelves, the suit says.

A spokesperson for Walgreens told USA TODAY on Friday, "We don’t have any comment on the matter at this point."

What happened to Harris Wolobah?

Harris, a 10th grader, left his family's Worcester, Massachusetts home on Sept. 1 to go to school. He and other students would eat an "unknown quantity" of the "One Chip Challenge" chips that day, according to the complaint.

Harris and the teenagers were given the chips by another student who bought them on Aug. 31. 2023, at a Walgreens in Worcester, the complaint says. The student was not ID'd nor asked to show that he was old enough to purchase the chips meant for adults, the court document continued.

After eating the chip, Harris told his teacher he was not feeling well and needed to go to the nurse's office, according to the complaint. The teenager lost consciousness as his teacher was writing him a pass to go to see the nurse, the court filing says.

When Harris woke up, he complained of severe pain and his stomach, and he appeared to be confused, the court document says. Once Harris was wheelchaired to the nurse's office, he was asked if he ingested any narcotics, and he replied, "No it was the chip," the complaint continued.

Harris's parents would soon pick him up from school, and once home, he went to his bedroom. A short time later, his mother found him in the room distressed and suffering from abnormal breathing, according to the complaint.

Once Harris lost consciousness and stopped breathing, emergency responders took him to a hospital where life-saving measures were unsuccessful. Harris died from "cardiopulmonary arrest" due to the "recent ingestion of a food substance with high capsaicin concentration," the suit says, citing the Commonwealth Medical Examiner's Office.

'This product should never have been available'

Douglas Sheff, an attorney for the Wolobahs, said during a press conference on Thursday that the chips were so dangerous that no one should consume them, the Washington Post reported.

“This product should never have been available to adults, let alone children. It should never have been out on the shelves,” Sheff said, per the Post. “What do they do? They kept pushing it and pushing it — until poor Harris died.”

The "One Chip Challenge" chips contain Carolina Reaper Pepper and Naga Viper Pepper, which are regarded as two of the hottest peppers in the world. Capsaicin is an active ingredient in chili peppers and is used in pepper spray and bear spray, according to the complaint.

Capsaicin can cause mouth, throat, stomach and intestinal pain, shortness of breath, chest pain, heart palpitations, nausea, vomiting, heart attacks and strokes, Mayo Clinic says.

“The Wolobahs want to send a message, not just to Paqui and to Hershey, but to all who would endanger our children,” Sheff said during the news conference.