One Chip Challenge Tragedy - TikTok & Paqui in Legal TROUBLE?
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- Опубликовано: 21 окт 2023
- After the One Chip Challenge tragedy, Paqui pulled the product from stores shelves across the country, but are TikTok & Paqui in Legal TROUBLE?
🔥 We'll be breaking down the legal implications of this viral challenge and discussing the potential consequences for both TikTok and Paqui🚨
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#law #onechipchallenge #lawbymike #paqui #tiktok #youtubeshorts #viral #challenge #american #lawyers #legal #attorney
DISCLAIMER (Of course, I'd have one 😁)
Hey, you might think that this info makes me your lawyer, but it doesn’t and I’m not. Sorry, but I AM NOT YOUR LAWYER unless we have an engagement agreement. I am just providing public information here, like a library does, and am not providing you with legal advice about your situation. So, it would be totally unreasonable for you to conclude we have an attorney-client relationship just because you're viewing this information.
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Man, Law By Mike is the only youtuber I actually click the notifications for.
what if mrbeast said you would win 100000 but you didnt see it because it was in ur notifications
@@ThePharaoh.1053 knowledge of the law is more important than any amount of money.
@@quadrupledamage ok but your knowledge of the law isn't being stripped away its just free money
@@ThePharaoh.1053 And? Who cares if Mr. Beast uploads, I'm not subscribe to him.
@@THEDESTROYEROFNOTHING bro did you even read what i said he'll give you 100k for no reason no catch
mike is like a drama channel and a legal channel and i love it
LOL yes Law by Mike is if Bravo only showed Law and Order spin-offs, actually showed the prosecution and the defense, and bothered to hire actual lawyers as consultants.
I wanted words for that you got me
Totally agree
I used to work in a hot sauce store, the amount of kids that tried to get their hands on our hottest stuff was insane. One of our store rules was that we couldn’t give samples to minors, but we could sell to them. You can imagine the number of dumb teens that came in, bought it, and puked right on my floor:/ my manager told me I wasn’t allowed to refuse service to them, so I became a clerk and janitor with zero PPE. I hated that job.
Should've triple or quad charge the price if minors buy them
@@C_rrptdthat is like drugs dealing, as long as the customer does not know the value, you just make the price esponentially higher hoping they buy.
That’s the stupid f🐬cking decision your manager made
Manager should’ve learn how dangerous it is if consumed too much
I just want to know how Mike even manages that over-the-top expression while saying things like "is TikTok to blame? Will Hershey be sued?" He looks like a mad man. The commitment to his performance in these videos is so impressive.
Just because it's a challenge doesn't mean you need to do it, film it and upload it on social media. You are in control. Take care of yourself and each other. My condolences to the teen and family.
Yeah the internet needs to stop encouraging people to risk they're lives for challenges a life is more valuable than a challenge i hope nobody has to die because of a challenge in the future and i also give my condolences
You're god-damn right, no one is forcing them other than their own consciousness in the end to just become another face on the internet.
Fr, I remember when the ice bucket challenge was popular
I don't feel bad for the teen that got killed or his parents. It's his own fault for doing the challenge. It's for adults only, but do teens listen no.
List25 actually warned people not to do dangerous challenges. And the One Chip was one of them.
I have to admit, even as a professional TikTok HATER, this feels more like a bad parenting/dumb f--king teenagers problem rather than a TikTok problem.
I do agree that the platform should discourage harmful challenges, or at least don't promote it (which I don't think they've done) but at some point we gotta hold people responsible for their own stupid decision.
I agree
I feel it's both
no stupid arguements beyond.
👇🏻
They DEFINITELY promote it
Everyone except the chip is at fault imo.
The chip already has a warning label that it was only to be eaten by adults; the fact that social media, retailers, and teenagers disregard it shouldn't be their problem.
LegalEagle and law by Mike are the perfect examples of learning about laws and the lawyers. And I’m happy I’m subscribed to both of them
Now I know I'm not the only one dual-weild-watching law RUclipsrs
Also penguins fan? Nice!
I actually tried the chip, in a nutshell, I felt very bad, to the point where my body couldn’t handle it and I had to vomit, and that’s not all, my stomach was experiencing pain, burning sensation, and being sensitive all at the same time for 5 minutes, which felt like 5 years, safe to say that I’m never doing that ever again
If TikTok challenges didn't exist who would win all the Darwin Awards?
People shooting at tannerite while it's inside of a Lawnmower at too close of a distance.
Eating a spicy chip isn't supposed to be a Darwin Award, Hershey needs to pay out millions to the family of that teenager.
@@ItsDaNewGuy I was going to say "people who don't know how to properly handle firearms," but yeah, that too.
@@skeleexno. Its like buying a gun and blaming the manufacturer.
Its your own fault is you die from eating a chip that is so hot, the packaging makes that pretty clear.
A reminder with the lack of a “death” label. Would it actually have mattered? I doubt the kid actually read the label. So yea.
Even though I'm not so old, I still remember more "normal" times. Even 2016 was more normal and calm.
IM YOUNGER THAN YOU, BUT I RELATE TO THIS A LOT!
I'm 12 and I can relate as well
@@rylanbender2601you shouldnt be using youtube under the age of 13, its not allowed by the RUclips ToS either
It's wasn't, trust me. 2014 was the last somewhat normal year in the internet and even the real world in some cases.
2016 was crazy. The thing I remembered about that year was Trump
I was totally expecting Dr. Mike to be the medical expert. They should get together to discuss medical lawsuits, now THAT’S a tag team
fr
Paqui encourages you to endure the pain. The feeling of pain is not the same as difficulty breathing or being nauseous. Paqui is in no way liable to what happened to the kid.
This is amazing advice. We need to be more cognizant of teenagers being susceptible to risk their health due to peer pressure.
You mean millions of years isn't enough?
@@sassiebrat With the Internet nowadays, and all of the establishments who give access to addictive substances such as alcohol, teens must be more careful. Children are getting affected as well.
This whole case will pin on the autopsy; and even then, there will be a whole dig into his medical history to determine if the decedent had any anatomical anomalies which left him more vulnerable to death than the average person. If he was specifically vulnerable to death, such as through an allergy or heart defect, for example, then Paqui can not, and should not, be faulted. It’s the same reason Red Lobster can’t be sued if someone who is allergic to shellfish dies during Unlimited Shrimp.
Even as someone with a mild shellfish allergy, I try to stay away from any type of shellfish because I want to stay alive.
Or a kid who isn't taught common sense by the parents lol.
Don't forget Paqui is owned by Hershey. They can afford the best lawyers to hit every angle of what you said.
I think it's not gonna be the pepper that was blamed... they dyed the new chips blue for some reason to mark if someone is really eating it.
If the person is allergic to the dye, then they will remove it, and the Company can't be sued, the family is going to have a hard time in court, and One Chip challenge will live again!
@@OurLordandSaviorSigmar Or, they could hire a fake psychic to pull out a reversed Judgement card in front of the family, making them not want to pursue this case anymore!
Hey, Mike. I've taken the initiative and started preparing to become a paralegal. Going for my certificate right now, and will officially be practicing by next year. Wanted to say thank you for the inspiration for me to get into the field of law. Channels like yours have been a huge help and I love the work you and your team do.
Keep sharing the knowledge. Looking forward to more of your work! 😊
Godspeed to you Russon 🎉🎉
Good Luck man!
Good luck!!
It’s sad how the danger of these challenges only come to light when it’s too late
That third paragraph in the warning is likely what will protect Hershey. I think they should settle with the family, but if the reaction was anaphylactic, then that is something the manufacturer wasn't actually able to control, except by alerting the consumer to it.
I like the Law by Mike Challenge better.
Bananas will now need a warning because some people are allergic to them
No settlement needed, it’s not possible for Hershey to be held accountable
Last years One chip challenge didn't bother me, this year the scollville units are doubled and I ended up in the E.R.. Tomorrow coincidentally I'm going under Endoscopy. It was ridiculous to try but didn't think it would have been that much worse than last year. Please DO NOT Try. Not worth it.
How did it go?
@@Josep_Hernandez_Lujan It Caused or inflamed an Ulcer and waiting results from biopsy. Thanks for asking.
Suing someone for making food too spicy is like suing a treadmill company cause you got a heart attack while using their machine.
I remember when I was writing a story, as a piece of satire, I had the main character walk by someone else’s phone, and they were watching a TikTok video titled “the sewer slide challenge,” and the challenge was literally just somebody committing self-destruction, as a satire on these challenges. I never was trying to make fun of anyone who had actually died from these challenges, I was more making fun of the concept itself, doing something so dangerous it could kill you just for Internet views.
I know it's so stupid
Law By Mike is my favorite lawyer RUclipsr mix. He makes very informative videos and keeps them fun. Keep up the good work Mike.
Pain is not difficulty breathing, fainting or extended nausia so they're not doing anything wrong at all by challenging people to lay as long as they can.
I see a situation where somebody does a challenge with the intent to get injured so that they can sue.
"Back in my day we didn't talk like that to our elders"
"Well this is my day and we do sir!"
this is great stuff, im glad you upload on a range of topics mike 🙌🏽
Thanks for addressing these challenges
The label encourages someone to endure as much pain as possible, not as many other health problems possible. They specifically tell you that anything other than pain is something for which you need to seek medical attention. The pain is all in your head and not life threatening.
All pain is in your head techinacally though, the brain being the organ that translates the nervous system’s information as sensation or pain. thats not a reason to discount it. The issues capsaicin can cause the human body can lead to death so I think there may be more to the pain response we experience than previously thought.
Pain is to let you know something is wrong. If this chemical can cause harm, that means it being in your mouth is exactly the type of thing the pain response evolved for. Sure its not the same as an actual burn but its not always harmless either. Also sometimes people only feel pain before they have a bad reaction to capsaicin, and no other symptoms so it shouldn’t really be ignored as a symptom even though the challenge says its ok to ignore the pain as long as possible.
I think this is truly just a reckless product and people wanting to one up each other in some way, even if it puts them at unnecessary risk. My husband grew up in Guam, he grew up eating red finger peppers off the vine as a kid and even he has had bad reactions to this chemical before.
@@Marynicole830 Some people have life threatening reactions to peanuts. Saying a spicy chip is reckless is like saying everything with peanut butter in it is reckless. The number of people who will die due to a capsaicin reaction are probably less than those who will die of a peanut allergy, since this case is the first I've ever heard of it. Is peanut butter of because it doesn't cause a burning sensation before it kills you?
@@chrisbrooks6697the thing is not a lot of people can really handle over a million spice units…
It's great sites aren't responsible for what's posted on them, but they really have to be responsible for their own promotion of that content.
Oh look an idiot that doesn't know what they're talking about
Kinda have to agree there. it's one thing to not be responsible for what content is posted. It's another to be held responsible for what you actively promote.
Never stop making videos. Its one of the only channels ill sit and watch cos its so darn entertaining
Very nice video, Mike. Great job!
If a ghost pepper is that bad I can’t imagine eating one 15 times worse
Rules for the challenge, in step one along with the warning on the back should be enough to warn people about the dangers of the product becuase you are given ample opertunity to make an informed descition.
The argument here will be that not all consumers of the product may understand the dangers that the warnings imply, and that they should have made the warnings more dire while backing off of the challenge language *_*or*_* restricted sales to certain groups altogether.
@@adamsfusion that argument is hard to observe given that they had received multiple warnings before beginning the challenge.
The item itself was obscure so they would only know about it through social media.
Getting the item from the store ment being greeted with a large warning.
There was an indication within reading the instructions telling the consumer about the warning.
There was a large warning on the package itself.
There was an age gate on the website where you could obtain the item. This was basicly in the form of online payment.
I would suspect that unless the person consuming it wasn't the person that bought it, the company had put in plenty of road blocks to educating the buyer.
If a person ate the chip, but was not the buyer, that makes the buyer liable for damages if they furnished the chip to the eater.
@@adamsfusionSpray cans have said to not use them in non ventilated areas and guess what? People still did that. LITERAL peanut butter jars (which logically hold PEANUTS) have a Peanut Allergy Warning. What do you want companies to do? Have a piece of paper saying “IF YOU BUY THIS AND DIE WE ARE NOT LIABLE.”?
@@adamsfusion pretty sure "intended for adult consumption" is understandable for anybody who can read, idiot.
what do you want companies to do, put a giant label that says "IF YOU EAT THIS AND DIE IT'S NOT OUR FAULT"?
Loving the content
Great info!
I don’t think it should be pulled or have anything really changed about the ingredients, I just think they should give more warnings and make it a smaller chip
"I tHinK tHeY sHoUlD gIvE mOrE wArNiNgS eVeN tHoUgH i KnOw NoBoDy wIlL rEaD tHeM" that's how stupid you sound.
They already have many warning even saying it can be fatal. But the thing is they don’t need to take it off the shelves. They just did it because they wanted to.
@@Vextral4653probably a good idea tho untill everything is done with just incase
Nah pulling it outof Market would be a better decision
Maybe keep it exclusive to online.
I’ve been eating Carolina reaper stuff since I’ve been 15 and what I have to say about people and spicy foods is we interpreted spice like we do light where 80% off it is more or less the same and the last 20% gets very spicy very quickly. Even when you get up to peppers like the Catalina reaper which in my opinion is the pepper that takes things from spicy to actual risk of health, most people do not experience problems breathing or any symptoms put on the label and you probably should call 911 if you do legitimately start seeing things or have issues breathing.
love the content thanks for the info!!
I love how you do your videos, super entertaining
Back in my day the only game we'd play was the Roulette Challenge and the only thing you would eat was a bullet😂😂😂
I never understood challenges/competitions that involve dangerous behavior like poisoning(drinking excessive alcohol)/injuring yourself. If someone doesn’t know their limits with spicy food starting with the strongest capsaicin pepper is not a good approach. If you listen to the guy who bred pepper X and other spicy peppers(still an amazing accomplishment) about being in agony because the body is reacting to the peppers like a poison after consuming the pepper it makes you wonder about his intelligence/sanity
Humans are thrill seekers. We've been doing dangerous stuff for years, and this is no different. People just have fun doing dangerous and painful stuff.
Whats funny is I've seen a couple commentors saying spice cant kill which is wrong. Too much capsaicin has led to seizures before and for those who are into science capsaicin is actually a neurotoxin the reason most don't die is our bodies get rid of it quick enough. However for younger people or people with some health issues the capsaicin can't be broke down quick enough leading to quite a few health issues some if which can be fatal if not treated fast enough.
Thank you for this information
Nice work!
Better Call Mike, your videos make my day WAY more entertaining
hershey havent heard of the sulphuric acid chip 💀💀💀
Great video!
If i had a cent for every video Law By Mike entertained me with, i would have $9.29 dollars
Simp
DOG GAMN
People with asthma like me. Or those with asthma and high blood pressure or heart arrhythmias like me, should know better than to even try this challenge. I think it would be common sense but these days you gotta spell it out in plain and simple language and all languages. May he rest in peace ✨🦋
Love your videos ❤
this video is great for learning about the law thanks Law By Mike
I did thr challenge three years ago. I don't remember much, but it absolutely makes sense, legally speaking. I probably should have not done it, but I also went into the Paqui challenge knowing I was probably liable.
This reminds me when I was taking food into a potluck at work, I brought mac & cheese that I made with ghost peppers and carolina reapers, while other person brought some shredded pork he made with Naga Vipers. Both of us, and most of the people there where either ok with spicy food or knew their limits and stayed away, however there was one woman who was pregnant and we specifically told her "do not eat either of these dishes." Care to guess what she did? Thankfully she didn't get hurt and ended up spitting it out shortly after it passed her lips but when people are telling you that 3 of the hottest peppers on the planet is on the menu and it's a bad idea for you to try it, listen >.
Love your videos keep up the great work mike
One chip, more like one death.
Those challenges are dangerous and stupid
I am surprised you didn't reference the coffin shape and reaper specifically when it comes to death warnings. It implies the manufacturer knew it could kill because the marketing leans into death.
I think they could argue the reaper is a reference to their ingredients (pretty sure it has Carolina reaper in it).
Credit to phoenixdowner for a creative defense argument.
Sadly, though I could "un-argue" that point, but juries are made up of people so who knows what would work.
It has a Carolina reaper in it hence the reaper lmao
Good information
The way he was smiling as he was walking off camera was so wholesome! Keep making great vids Mike!
I think these "challenge phenomena" says a lot about poor parenting and how children shouldnt have unfettered access to the internet. So many children spend more time with a particular youtuber than they do with their parents
I’d be willing to bet money one of the next ones for stupid challenges is gonna be something like “go into a sewer and eat the sewage”. Thanks for these videos Mike, they are highly informative!!!
Devious lick!
Hi Mike, i mainly knew of you from your short form content, but i was pleasantly surprised by the quality of your longer videos, ill definitely be turning in for future Vids :D.
good video man
Looking good mike…👍
I did this challenge myself about a year ago. Held out for the 5 mins and then ate way too much ice cream. It hurt and I felt like vomiting, but I can’t say I felt like I was going to die or anything worst.
yeah okay but he's talking about the 2023 one every year they make a new one that's Spicer then the older ones
Keep up the vids Mike!
Love your videos
Honestly, this is one of those rare times I have to side with the company. I think the fact that the warnings are clearly posted on the outside before buying gives them a bit more credence than the "challenge rules" that sre only on the inside when you've clearly commited to doing something ill-advised. And its not like this thing is new, I've been watching people do One Chip since at least 2018, and other spicy stuff for basically my entire adult life. Unfortunately, anything you consume can kill somebody, and people are always finding stupid things to do to push boundaries (remember the woman who died in '09 for drinking too much water for a game console?)
Idk, man. Even before tiktok and everyone having cameras I was seeing people my age to stupid things with 4-wheelers or everclear....or REALLY stupid shit involving both....i think trying to make tiktok the scapegoat for it is just a way of shifting responsibility for actually raising kids.
Also, can we stop acting like the Tide Pod challenge was ever a thing? Every reported poisoning happened AFTER the news started harping on it every day, until then it was just a joke about how they were colored like fruits and activated monkey brain. That one pisses me off because we literally manifested it into a problem and that outrage was what got kids killed.
Sounds like Paqui is doing the Lords work. I bought 20 and made a tray of nachos. It was spicy.
So the 20 chip challenge
@@Spazy912 it was rough but not as rough as when i ate 13 Carolina reapers. Even my pee burned and I started hallucinating.
why would you eat 20 one chip challenges and 13 Carolina reapers? Just what's the point man.
@@SeniorEz-595don’t ask dumbass questions
Thank you @LawByMike this is such an important message.
Your videos are funny and educational at the same time
I feel so bad for that teen. Also this is my first time being early on a lawbymike video.
Really? Are you crying for the thousands each day that actually croak from real accidents all over the world?
It is funny because his system was weak and could not take it. It is called survival of the fittest. He took a Darwin challenge and lost.
They never said they cried about anyone.
Mike Laws Get Crazier ❤😊😮
You are the only educational channel I am subscribed too
This Hands uphold the Law!
If they had to do a warning, they could do it suggestively. I’ve seen it lots, it’s fine to do. You could say “Lethal Spiciness” or “Heart-Stopping Hot” followed by “We’re serious. This chip is incredibly spicy. Be sure to have some milk or ice cream next to you before attempting this challenge.”
Or a better way would be to have a “mild chip” challenge which is half the spiciness of the one chip challenge. Have people try it from super mild to a whole range and see how high people can go, if you get a little too uncomfortable no big deal and stop the challenge. That’d make more sense in my eyes, and probably be safer.
Legal stuff
I love the message at the end. The internet really needs to amplify reasonable voices and content.
Hershey should bring out the Ukulele 😂💀💀💀
The no eating and drinking is something Ed Currie has recommended as it's not actually supposed to help with the heat and is more likely to make you vomit. But maybe vomiting would've been a good thing in this case. Just don't drink a bunch of water as that's not going to help at all. You need something like yogurt. I've heard bread can help as well and even milk would be better than water unless your lactose intolerant. 😆
Milk is pretty good, but ice cream is best. Sugar and fat compete for the same receptor sites as capsaicin, so they can force the capsaicin out. That is why cheese and sour cream reduce the heat in a spicy chili, with sour cream being better at it than cheese.
You should cover Jacksfims and SSSniperwolf situation and if Jack can sue her
YES
Yessir I would love to see that. Ngl if he did he gonna be doxxed by snipersh!t next and she'll be in worser trouble because he's an actual lawyer😂.
Mike is amazing! Truthful, and nice…
Nice one mike
How did he die
He ate like 7 in a row
That’s really sad, I really do think websites should have more moderation on that kind of thing even if they don’t legally have to do it, it’s just the right thing to do
I don’t, we need to filter out the weak.
@@RadDadisRad more like filtering obvious future politicians
This is a legal channel please be clear with your words. There's a big difference between a website and a content publisher like RUclips and TikTok.
It's the difference between the New York Post newspaper and a newspaper stand in New York selling the Post.
I think the bigger legal issue which hasn't been fully addressed is when an algorithm pushes the most unhinged and/or untrue content to the top of every customer's feed.
The New York Post can say there are Alligators in the sewer all it wants too. However, if everyday your newsstand salesman yells: Hey the NY Post said there are Alligators in the sewer...
Should the newsstand not bear some responsibility if a public works employee is injured by a gator trap created by a newsstand customer?
Love you mike you really learned me many things
Ngl I love your videos!
You should have put a photo of sssniperwolf #justiceforjack
This is a respectful comment
Great vid
It’s been so long since I’ve actually really wanted to watch a video. Thank you Law by Mike.
I still have a Nintendo 64 lol so no, your not old man
Me too
You guys are old just face it.
@@HeroC14 dude, I'm literally still a minor
@@MoonArival You can identify as a minor but you're still old AF.
I'm not a fan of section 230. Sorry that someone might've died from eating one of these chips but can you be held responsible for something that is less than a 1 in a million chance of killing you? There was warning's on the box about how dangerously hot these chips are. Just not sure if it was a allergic reaction or how the person actually died so it's kinda hard to really say if they should be blamed for the death. Look at peanut butter as an example. Should Jif be held responsible for someone dying from an allergic reaction?
I didn't say it had anything to do with it in the first place. Just answered his question & asked one of my own. That's all. Didn't mean to upset you. @@h7hj59fh3f
@@piratelordgrumpy9659 Fun fact your comment contains misinformation which violates RUclips's terms of service. Say bye bye to your account
Love ya Mike
I love you for what you do man, you are a very good youtuber. I wish you the best from Slovakia
All it takes is one person to ruin it for everyone smh 🙄
"will hershey's be sued?" damn bro what did hershey's do to be sued randomly for one chip challenge tragedies?
Hersheys probably owns the Company !!!
2:10 I don’t know, but I’m pretty sure that the blackout challenge is you have somebody choke you or you choke on something until you pass out and some kids never woke up
Mike, you are the best lawyer ever!
what got you into law school?
Honestly, this product should’ve been sold behind the counter with an 18+ age restriction from the start. There are plenty of products with extremely high capsaicin content that one can buy online or in stores without much regulation, but this situation is different. This product being marketed as a social media challenge on TikTok definitely appeals to children and I’m sure most minors who tried this challenge didn’t have an informed understanding of exactly how hot this chip is. Even though Paqui provided an adequate warning label on their One Chip Challenge, it was still being marketed and sold to minors who may not understand the risks associated with consuming their product. Same reason why tobacco products can’t be sold to minors.
I wish parents taught their kids how to act these days instead of letting social media raise them.
Great video