BOSTON, Mass. — It was an emotional morning for members of the Wolobah family, as a wrongful death lawsuit has been filed following the death of 14-year-old Harris Wolobah. The teenager passed away last year after taking part in the viral "One Chip Challenge" where he ate an extremely spicy tortilla chip. A number of defendants have been listed in this case, including Walgreens, where the chip was sold, Paqui, the chipmaker, and Hershey's, the chipmaker's owner.

"In our view, the defendants created a perfect storm of danger for all of our children by combining three elements which we allege caused Harris' tragic death," said attorney Douglas Sheff.

Tears rolled down the faces of Harris Wolobah's parents, as attorneys from Boston's Sheff & Cook talked about the late Doherty High School student.

"Harris was a great kid," said attorney Douglas Sheff. "Growing up, he gave so much love and received love from all who knew him. He worked hard in school and always tried to care for others, and to do the right thing."

The complaint says Harris ate the chip after it was given to him by another student. After saying he didn't feel well, he would later be sent home and eventually the hospital where he was pronounced dead.

Scheff says the defendants did not restrict children from getting the product, marketed it toward younger kids, and encouraged people to eat it on social media.

"Harris died after eating a chip containing Carolina Reaper pepper, which contains a substance called capsaicin," said Sheff. "This pepper is said to be several hundred times as strong as a jalapeno pepper or hot wasabi. Not several times as strong, several hundred times as strong. It's actually used in bear spray."

Paqui would remove the "One Chip Challenge" from shelves in the wake of Wolobah's death, saying they remain deeply saddened by his passing. 

They say in a statement:

“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. 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.”

In the autopsy report, the medical examiner noted Harris had an enlarged heart, but Sheff emphasized it had no role in his death.

"Had it not been for the chip, he would've had a normal, healthy life with a normal life expectancy," said Sheff.

Also listed in the lawsuit are the employees at Walgreens who sold the chip.

"The defendants charged about $10 for each chip," Sheff said. "$10 for the chip that killed Harris. $10 for his life. Think about all the other kids they put at risk."

Legal representation for the Wolobah family says the dollar figure or damages they're seeking in this case is not something they're comfortable speaking about because they're more focused on the child safety aspect of this case.