‘It was a cow tooth’: Texas woman nearly swallows something unexpected in Torchy’s Tacos order. Now she’s suing for $250K

A Texas woman says she nearly swallowed a cow tooth while eating a taco from Torchy’s Tacos. The restaurant confirmed it was a cow tooth, and now she’s suing for up to $250,000.

On June 9, Nohemi Castillo ordered the Democrat taco from a Torchy’s Tacos location on South Congress Avenue in Austin, Texas. The taco contains beef cheek barbacoa, which comes from a cow’s head. According to KVUE, Castillo discovered the tooth mixed in with the meat.

Castillo said the discovery left her “grossed out and sickened.” She visited a doctor that evening and received prescription medication, according to her complaint. On October 13, she sued Torchy’s Tacos and its parent company, Success Foods Management Group LLC, alleging negligence, deceptive trade practices, and food safety violations.

Castillo’s attorney wants to know how nobody caught the tooth

Castillo reported the tooth to the restaurant’s manager, but her lawsuit doesn’t say whether the manager took any action, according to FOX 7 Austin. She also contacted attorney Scott Vasquez, who questioned how something so large could make it into a customer’s food without anyone noticing.

“Someone should have caught it somewhere throughout the process,” Vasquez told KVUE. “Should not have even made it to the packaging or the packaged goods that they had.”

Vasquez said he tried getting answers from the restaurant’s manager and an attorney for Torchy’s, but felt they were passing responsibility back and forth. “I thought they’d want to take care of this internally immediately, and apparently not,” he told KVUE. “They just felt, in my view, ‘Let’s blame someone else.'”

Castillo’s complaint argues that Torchy’s should have caught the object before serving the taco. It accuses the restaurant and its management company of failing to properly inspect and prepare the food, allegations similar to those raised in a Wendy’s food contamination lawsuit.

The lawsuit also cites the federal Food Safety Modernization Act, which requires certain food facilities to identify potential hazards and take steps to prevent them. However, the Food and Drug Administration says those requirements depend on the type of facility. The court has not determined whether the provisions Castillo cites apply to the defendants or whether any violations occurred.

Torchy’s has an explanation, but questions remain

Torchy’s Tacos confirmed that Castillo found a cow tooth in her order. The company told KVUE that its barbacoa comes from beef cheek purchased through an outside supplier. Because beef cheek comes from the cow’s head, near its jaw and teeth, a tooth may have slipped into the meat during processing.

“This can occasionally happen when processing the meat, though it is quite rare,” the company said in a statement reported by PEOPLE. Torchy’s has since worked with its supplier to improve its procedures but hasn’t explained how the tooth made it through processing and into Castillo’s taco.

If you find something similar in your food, the USDA’s Food Safety and Inspection Service recommends keeping the object, any remaining food, and the original packaging. The agency also advises refrigerating or freezing leftovers rather than throwing them away, in case investigators need to examine them.

Austin residents can also report restaurant food safety concerns without going through the restaurant. Health officials can investigate reported restaurant safety concerns, even when customers haven’t reported becoming ill. According to Austin Public Health, customers can submit complaints that don’t involve illness through Austin 311.

Austin’s health inspectors handle thousands of these complaints. The city’s 2024 environmental health report recorded 2,177 retail food complaints, with the department reporting a goal of investigating complaints within 72 hours. It’s unknown whether Castillo contacted Austin Public Health about the tooth.

Castillo is seeking up to $250,000 in damages, although a jury will decide whether she receives compensation and how much. Although Torchy’s has confirmed the tooth came from a cow, the court has yet to determine whether the company was negligent or violated any food safety laws.

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