A takeout taco in Austin, Texas, has become the subject of a $250,000 lawsuit after a customer said she found a tooth inside. The restaurant chain has acknowledged what the object was, which makes the story unusually straightforward.
What the Lawsuit Says
According to court documents reviewed by Fox 7 Austin, Nohemi Castillo ordered takeout tacos from the Torchy’s Tacos location at 1822 South Congress Avenue on June 9. She says she almost swallowed what looked like a cow tooth in a taco, a beef barbacoa taco called the Democrat.
Castillo says she was disgusted and visited a doctor that evening, where she received prescription medication. She says the store manager was told, but the lawsuit says it is unclear whether he did anything about it. The suit, filed in October 2026 against Torchy’s and Success Foods Management Group LLC, a franchise operator, seeks up to $250,000.
The Legal Claims
Castillo accuses the company of negligence and breach of implied warranties under Texas law, and cites the Texas Deceptive Trade Practices Act and the Food Safety Modernization Act. The suit says the chain failed to properly inspect and monitor its meat to keep foreign objects out of food before it was sold.
What Torchy’s Says
The chain confirmed that the object was a cow tooth. A spokesperson said the barbacoa is made from natural beef cheek supplied by a vendor, and that after receiving the complaint, the company reviewed the matter. “This can occasionally happen when processing the meat, though it is quite rare,” the statement said. The company said it is working with its supplier to reinforce internal procedures.
The Attorney’s View
Castillo’s attorney, Scott Vasquez, told KVUE that his client’s first reaction was disgust, and that he believes someone should have caught the tooth earlier in the process. “It could choke somebody,” he said. He also said that when he notified the chain, a manager and lawyer tried to shift blame elsewhere. Torchy’s has not responded publicly to that claim in the reports reviewed.
Where Things Stand
The lawsuit contains allegations, and no court has ruled on them. Torchy’s hasn’t disputed that the tooth came from a cow.
What to Do If You Find Something in Your Food
Foreign objects in restaurant meals are uncommon, but it helps to know the basics:
- Stop eating and keep the item. Take clear photos and keep the packaging and your receipt.
- Report it right away. Tell the manager, and consider contacting your local health department.
- See a doctor if needed. Health insurance and urgent care coverage matter if you’re injured or ill.
- Know your options. A personal injury attorney can explain your rights, and many offer free consultations.
- Protect your teeth. Dental insurance can help with costs if something in food causes damage.
Frequently Asked Questions
What did the woman find in her taco? She says she found a tooth that looked like a cow’s tooth in a Torchy’s Tacos takeout order, and the company confirmed it was a cow tooth.
How much is she suing for? The lawsuit seeks up to $250,000 in damages.
What did Torchy’s say? The chain said the barbacoa comes from beef cheek and that a tooth can occasionally end up in meat during processing, though it is rare, and that it is working with its supplier to prevent it.
Has a court ruled on the case? No. The case is at an early stage, and the claims are allegations.
Sources: Fox 7 Austin, KVUE, and The Independent, all covering the October 2026 lawsuit filed by Nohemi Castillo against Torchy’s Tacos over a cow tooth found in a takeout taco.
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