The One Chip Challenge lawsuit is a wrongful death case brought by the parents of 14-year-old Harris Wolobah, who died on September 1, 2023, after eating a Paqui-brand tortilla chip laced with Carolina Reaper and Naga Viper pepper extracts. Lois and Amos Wolobah are seeking $350 million in damages from The Hershey Company, Paqui LLC, and Amplify Snack Brands.1Top Class Actions. Walgreens, Hershey Hit With One Chip Challenge Lawsuit Following Teen’s Death In March 2026, a federal judge allowed the family’s core product liability claims to move forward while dismissing others, and the case remains active as of mid-2026.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit
Who Filed the Suit and Against Whom
Lois and Amos Wolobah filed the complaint on July 11, 2024, in Suffolk Superior Court in Massachusetts, represented by attorneys Douglas K. Sheff and Kathy Jo Cook of Sheff & Cook and Richard J. Rafferty of The Law Office of Eden Rafferty.3NPR. Lawsuit Over Spicy Chip and Social Media4Boston Globe. One Chip Challenge Lawsuit The case was later removed to the U.S. District Court for the District of Massachusetts, docketed as 4:24-cv-12016-MRG before Judge Margaret R. Guzman.5Leagle. Lama-Wolobah v. Paqui, LLC, et al.
The original defendants were Paqui LLC (the chip’s producer), Amplify Snack Brands Inc. (Paqui’s parent, acquired by Hershey for roughly $1.6 billion in 2017), The Hershey Company, Walgreens, a Walgreens store manager, and a Walgreens clerk.1Top Class Actions. Walgreens, Hershey Hit With One Chip Challenge Lawsuit Following Teen’s Death6York Daily Record. Hershey-Acquired Company Pulls the One Chip Challenge From Shelves The Walgreens defendants have since been dismissed. The family seeks $350 million for wrongful death, pain and suffering, and loss of companionship.
What the Lawsuit Alleges
The complaint calls the chip an “unreasonably dangerous” product sold through a social media campaign designed to attract minors.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit7USC Annenberg Media. When Marketing Goes Too Far: One Chip Challenge Removed From Shelves After Death of Boston Teen Buyers were prompted to eat it, delay drinking anything, and post their reactions online tagging Paqui, with rankings by how long a person could last and slogans like “How long can you last before you spiral out?”8McGraw-Hill Education. One Chip Challenge Pulled From Store Shelves
According to the complaint, the concentration of capsaicin in the chip can cause mouth, throat, and intestinal pain, respiratory distress, heart palpitations, nausea, heart attacks, and strokes.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit The plaintiffs allege the defendants knew the product was dangerous and still encouraged social media participation to drive sales.3NPR. Lawsuit Over Spicy Chip and Social Media Paqui has said publicly that the packaging carried “clear and prominent labeling” warning that the product was not for children or anyone with health conditions or sensitivity to spicy foods.9WLIW. Family Files Lawsuit in Case of Teen Who Died After Eating Spicy Chip
Harris, a sophomore at Doherty Memorial High School in Worcester, was given the chip by a friend at school. He fainted, was sent home, lost consciousness again, and was pronounced dead at a hospital.10CBS News Boston. Spicy One Chip Challenge Harris Wolobah Death Autopsy The state medical examiner ruled the cause of death cardiopulmonary arrest “in the setting of recent ingestion of food substance with high capsaicin concentration,” and also noted an enlarged heart and a congenital condition called myocardial bridging.11VOA News. Teen Who Ate Spicy Tortilla Chip Died of High Chile Consumption, Had Heart Defect, Autopsy Says His parents have said they were unaware of any pre-existing conditions.12CBS News Boston. One Chip Challenge Death Paqui Harris Wolobah Worcester Massachusetts
The March 2026 Ruling on Motions to Dismiss
On March 31, 2026, Judge Guzman ruled on the defendants’ motions to dismiss, letting the family’s central claims proceed and cutting the rest.5Leagle. Lama-Wolobah v. Paqui, LLC, et al.
Claims That Survived
The design defect claim proceeds against Hershey, Paqui, and Amplify. Judge Guzman characterized the plaintiff’s theory as narrow: not that all capsaicin products are defective, but that this chip’s particular configuration of ingredients made it unreasonably dangerous. With the complaint alleging the product had been linked to more than 40 hospitalizations and one death, the court found the allegations plausible enough to move past dismissal.13Massachusetts Lawyers Weekly. Products Liability – One Chip Challenge
The breach of implied warranty of merchantability claim also survived, since under Massachusetts law it tracks the design defect claim.13Massachusetts Lawyers Weekly. Products Liability – One Chip Challenge The court further held that manufacturers owe a duty to “remote users” affected by their products, so the family does not need to show Harris himself bought the chip.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit
Claims That Were Dismissed
The failure-to-warn claims were dismissed. The judge pointed to the plaintiff’s own complaint, which argued that teenagers tend to disregard product labels and pursue dangerous activities anyway. That, the court reasoned, effectively conceded stronger warnings would not have prevented the injury.13Massachusetts Lawyers Weekly. Products Liability – One Chip Challenge
The manufacturing defect claim was also thrown out. Because the plaintiff alleged the chip was intentionally designed with excessive capsaicin, she could not simultaneously argue that same feature was an unintended deviation from the product line. A claim for breach of implied warranty of fitness for a particular purpose was dismissed too, on the ground that eating the chip as food is its ordinary purpose, not a special one communicated to the seller.13Massachusetts Lawyers Weekly. Products Liability – One Chip Challenge
Walgreens Dismissed
All claims against Walgreens were dismissed. Under Massachusetts law, a retailer that did not design or manufacture a product is not liable unless it knew or should have known of the dangerous condition, and the court found no evidence Walgreens had that knowledge.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit Earlier, in June 2025, the individually named Walgreens store manager and clerk were dismissed on the ground that they had no duty to prevent a high school student from purchasing chips.14Courthouse News Service. Fatal One Chip Challenge
Where the Case Stands
As of mid-2026, the case is active. The surviving claims of design defect and breach of implied warranty of merchantability continue against Hershey, Paqui, and Amplify Snack Brands.2Insurance Journal. Hershey Can’t Escape One Chip Challenge Death Suit No trial date or settlement discussions have been publicly reported.
Paqui itself pulled the One Chip Challenge from store shelves on September 7, 2023, six days after Harris’s death, citing an “increase in teens and other individuals not heeding” the product’s warnings and acting “out of an abundance of caution.”15NPR. Maker of One Chip Challenge Pulls Product From Stores The company worked with retailers to remove the product and offered refunds.16NBC News. One Chip Challenge Pulled From Shelves After Teen Death The withdrawal does not resolve the civil claims, which turn on the product’s design and marketing while it was on sale.