An Austin woman says she almost swallowed a cow tooth hidden inside her takeout taco, and now she wants a jury to award her up to $250,000.
Quick Take
- Austin resident Castillo filed suit October 13 in Travis County District Court over a June 9 order from Torchy’s Tacos on South Congress Avenue.
- Torchy’s confirmed its own review identified the object as a cow tooth, not a denial of the claim.
- The restaurant blames its beef-cheek supplier and calls the issue rare, while the lawsuit alleges negligence and deceptive trade practices.
- The complaint seeks $250,000 or less, with a jury deciding the final number based on medical and pain-and-suffering claims.
A Takeout Order Turns Into A Courtroom Fight
Castillo ordered food to go on June 9 from the Torchy’s Tacos location at 1822 South Congress Avenue in Austin. According to her lawsuit, one of the tacos contained what looked like a cow tooth, and she says she nearly swallowed it before catching it. That single bite now forms the basis of a civil case naming both Torchy’s and its food management company.
Months later, on October 13, Castillo filed her original petition in Travis County District Court. The filing names Torchy’s Tacos and Success Foods Management Group LLC as defendants. It lays out a clear timeline: a specific date, a specific address, and a specific meal, giving the case concrete facts rather than vague complaints.
The Restaurant Does Not Deny The Tooth, It Explains It
Torchy’s did not dispute that a tooth turned up in the food. The company told reporters it looked into the complaint and confirmed the object was, in fact, a cow tooth. That admission removes any question about what was found and shifts the fight toward how it got there and who should pay for it.
Torchy’s barbacoa comes from beef cheek bought from an outside supplier, the company said. It described the tooth as something that can occasionally slip through during meat processing and called it rare. Torchy’s added that it partnered with the supplier to tighten procedures and prevent it from happening again.
What The Lawsuit Actually Claims
Castillo’s suit leans on more than one legal theory. It accuses the restaurant of negligence, breach of implied warranties, violations of the Texas Deceptive Trade Practices Act, and alleged violations tied to federal food safety law. That combination suggests her attorneys are building a case on multiple fronts rather than betting on a single claim.
The damages sought cover past and future medical expenses, pain and suffering, physical impairment, and loss of enjoyment of life, plus court costs and interest. The total monetary relief requested is $250,000 or less, with a jury left to set the final figure. Public reporting does not detail the medical bills or treatment records backing those numbers
Why A Beef-Cheek Tooth Is Not As Simple As It Sounds
Food safety regulators treat hard foreign objects between about 7 and 25 millimeters as a genuine adulteration concern, since they can injure people even when the object technically comes from the animal itself. Federal guidance notes that a food containing a foreign object can be considered legally adulterated regardless of its origin.
That matters here because a tooth from beef cheek is a naturally occurring animal part, not an outside contaminant like glass or metal. Courts across the country have long argued over whether a “natural” object found in food counts as a defect, or whether customers should expect it. That legal gray area will likely shape how far this case goes.
What Happens From Here
Nothing in the public record yet shows a judge’s ruling, a settlement, or discovery results. Torchy’s has acknowledged the tooth but has not accepted responsibility for Castillo’s claimed injuries or agreed to any payout. The case now moves into the slower, unglamorous phase of lawsuits: depositions, document requests, and expert review, far from the headlines that got it noticed in the first place.
Sources:
people.com, usatoday.com, fox7austin.com, thebeltwayreport.com, yahoo.com, fsis.usda.gov
