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Playing With Fire: The Risks and Benefits
of Selling Super Hot Saucesby Kellye Hunter
The irresistible lure of XXX Super Hot sauces: they are many a gourmand's rite of passage, represent the supreme macho contest, and produce the rallying cry for adventurous spirits everywhere. Truly, the appeal lies in their painful effects and in the process of weeding out "who can take it, and who can't." Manufacturers and retailers alike have found that warnings such as: "Use at your own risk"; "Keep out of the reach of children"; "Use only one drop at a time"; and "Not for people with heart or respiratory problems" serve more as a challenge than a caution.
Dave's Private
Reserve is so
hot that some
retailers require
customers to sign
a waiver before
purchasing it.They also have realized that more and more people are "proving themselves" in this manner, as Super Hot sauces continue to be one of the largest-selling single type of item in the Fiery Foods Industry, with more new names continually appearing. "This is a consumer-driven market," says David Ashley, president of Ashley Food Co., Inc., and manufacturer of Mad Dog Inferno, a sauce he claims is possibly the hottest available. "One in seven hot shop customers comes through the door wanting the hottest thing that the store has to offer."
Someone else who is quite aware of this trend is Dave Hirschkopf, originator of the Super Hots, and owner of Dave's Gourmet in San Bruno, California, who says that the sales of his Super Hot products alone are now up to approximately 500,000 units per year.
So, as a growing number of thrill-seeking hot sauce consumers throw caution to the wind, it is only natural that those associated with the production and sales of Super Hot products become even more diligent about protecting themselves against possible claims concerning the physical effects, either real or perceived, of these sauces.
Canned Heat
The punch of a Super Hot sauce is most usually wielded by the compact heat of oleoresin capsicum, a concentrated essence of chile that is not a synthetic, but a natural food made by an extraction method incorporating techniques similar to the process of making coffee, explains Marlin Bensinger, owner of Chromtec, a capsaicin analysis laboratory in West Palm Beach, Florida. He says that an organic solvent called hexane is run through dried ground chile, and the resulting liquid is put through another process to remove the solvent. The remaining oleoresin consists of what is left: the natural oils, color, and heat of the chile. There are several reasons that food processors choose to use this product. One is convenience--they can add a lot of heat to a product with minimum effort. Another is space--oleoresin can be packed into any size of container, from a 1/4-pound can to a 55-gallon drum, and easily stored. A third reason is stability--this is a sterile product that will remain stable for up to two or three years, as opposed to fresh or dried chiles that will spoil in a relatively short amount of time.
By weight, Bensinger says, one hundred pounds of fresh chile equals ten pounds of dried, which equals one pound of oleoresin. In terms of concentration, there is approximately a one hundred-fold increase in flavor, color, and heat when going from fresh chile to oleoresin, and a ten-to-one increase when going from dried to oleoresin. The Scoville Units of this solution, he says, can be between 430,000 and 500,000, but the Super Hot sauces usually measure from less than a quarter to a fifth of that because the heat is diluted with water and other foods.
However, there are products on the market now, such as Pure Cap by Garden Row Foods, that are pure oleoresin or oleoresin blends, and are used by consumers and food industry people to augment the heat levels of their favorite hot sauces and other foods. Retailers are reporting that these additives sell out almost as quickly as they hit the shelves, and that it is difficult to keep them in stock.
Although the basic effects of oleoresin on the body are no different than those of fresh chile, it must be used sparingly and sensibly in to avoid serious reaction because it is so highly concentrated. Bensinger also warns that some people who are particularly sensitive to capsaicin-containing food products of any kind (fresh or concentrate), can go into seizures if they eat too much of a hot thing.
To The Pain
The truth is, chile products are no more dangerous than any other food. If you get some in your eye, it will hurt intensely, but will do no harm. If you eat too much, you may get a stomach ache, but will suffer no permanent damage.
The real problem, says Bensinger, is not so much the hot food itself, but a person's reaction to it. Because capsaicin (the chemical compound that makes chile hot) causes both the bronchial tubes and the esophagus to constrict, some people, when exposed, might begin to panic, thinking they can't breathe. Ironically, panicking can augment the reaction, which makes breathing even more difficult, and leads to more panicking. The strongest reactions, he says, come from pepper spray, particularly if used on someone who has asthma. During an asthma attack, the bronchial tubes constrict, making breathing difficult. If this condition is augmented by pepper spray, the results could be disastrous, particularly if the product is used in a police situation to subdue a suspected criminal who has asthma. "An asthmatic can't tell you what's wrong because he can't breathe," says Bensinger. "Even if that person goes into convulsions, it may be mistaken as a drug overdose."
Bensinger had to contend with his own reaction one day when he walked into a room where someone had recently discharged a cylinder of pepper spray meant for bears. "I was all alone, and I kept saying to myself: 'Calm down. Relax. Relax the muscles in your throat. Take a tiny breath. Now take another one,'" he says. "It's very scary, even when you know what's going on."
Naturally, the hotter the product, the more intense the physical reaction to it will be. Bensinger says that bear spray, which is meant to deter large angry animals, can have a Scoville rating anywhere between 200,000-350,000 heat units, up to three times the heat level of many Super Hot sauces. Because he believes that consumers should be able to make informed choices, Bensinger is a proponent of including a standardized numerical rating on all hot sauce labels so that people can make informed decisions about the products they are buying and the foods they are eating.
Labels That Warn
In terms of protecting the manufacturer, it's all in the labeling, says Phil Olsson, an attorney at Olsson, Frank, and Weeda, a law firm specializing in food, drug, and agricultural issues in Washington, D.C. In fact, he believes that the innate labeling of these products (people on fire, mushroom clouds, exploding buildings, skulls and crossbones, and heat-implying names) adequately explain what is inside the bottle, unlike the inconspicuous McDonald's coffee cup, which now prominently displays the warning: Contents May Be Very Hot.
Concerning claims made on behalf of those people who cannot understand the labeling, Olsson advocates common sense. For instance, if your product is being sold in a predominantly Hispanic market and it is reasonable to expect that a large number of those consumers do not speak English, it might be a good idea to include information in Spanish, he says. Although the possibility of a child being injured is of greater concern in terms of possible legal action, Olsson points out that most children would not be able to ingest a significant amount of hot sauce. "If a child put a whole bunch on something, he's going to realize very soon that it's not ketchup, and is going to spit it out," he says.
Olsson also advises that manufacturers should not invite trouble by including warnings about specific physical consequences (such as possible heart attack), unless there is medical literature to document those reactions. While there is medical evidence that capsaicin can change a person's heart rate (it actually slows it down), there is no documented case of capsaicin ever causing a heart attack. "You always give people ideas," he says, "and you need to be very careful for fear you'll be later held to account."
Warnings That Sell
One person who has used specific warnings to his advantage is Dave Hirschkopf, manufacturer of Dave's Insanity Sauce, which has been on the open market for the past five and a half years, and the even hotter Dave's Private Reserve. He says the warning on his bottle started out rather simply: "Warning: Use this product one drop at a time." But about three years ago, he added: "Keep away from eyes, pets, and children. Not for people with heart or respiratory problems."
This wording was Hirschkopf's idea, not his lawyers'. And while specific warnings like this might help make people more aware--heart and respiratory reactions are the only true risks to Super Hot sauces, he says-- he also believes that warnings this strong have a certain market value to them. "There is a definite line between causing pain and causing injury," he says. "And in this industry, causing pain is doing a service...causing pain is what the consumer wants."
But sometimes people get more than they bargained for.
"A responsible manufacturer makes up worst case scenarios to cover any situation," says Hirschkopf. This kind of forward thinking helps manufacturers market their products in such a way that consumers have realistic expectations as to the uses and consequences, and it also helps them to be prepared for any situation that might occur. For instance, if someone were to sue for an adverse physical reaction such as a heart attack, "It would be a freak situation," says Hirschkopf, but that's why you have insurance." He carries product liability insurance, but does not have any kind of specific rider or special provision for his Super Hot products, because his lawyers did not see any reason to do so.
Although he has never had to defend his Super Hot sauces in court, Hirschkopf has had one close encounter, and has headed off other complaints by phone. The close encounter came when, according to Hirschkopf, a man dropped a bottle of hot sauce on his two-year-old child, and the sauce caused some skin irritation. The father consulted his attorneys, and then called Hirschkopf asking for $80,000. "I asked him: 'If you were to have spilled boiling water on your child, would you sue the water department?'" Hirschkopf said. "I'm not sure exactly what it was, but something finally made him go away."
In addition, he and his staff handle some angry calls at the office. "I'm careful not to say we're liable until I know the facts...you can take a call and make it into a problem," he says. "Did the person use one drop, or three tablespoons?" He says that he usually listens carefully to each complaint, lets people know that they have a valid concern, does his best to placate them, and then documents each incident. Most people, he says, calm down once they realize they have used the product in a manner that was inconsistent with its labeling, such as using too much. Many of the calls, however, are from people who simply want to let him know that they enjoyed the sauce. "I hear things like: 'Oh, man, you killed me!'" he says. "It's the best part of doing this business."
A Retailer's Responsibility
It is important to note that a manufacturer's responsibility is somewhat diminished as the product travels up the food chain, to retailers, restaurants, and people in their homes.
"When we saw the really hot sauces coming to the market, like Pure Cap and Dave's Private Reserve, we came up with our own liability clause," says Richard Crawford, vice president of Chili Chompers in Stone Mountain, Georgia, which has seven hot shops across the country and a growing franchise business. In order to familiarize people with new tastes, they will let customers sample any product that is in the store, but it has to be done carefully. "We came up with policies regarding the tasting of these products and had our lawyer review them," he says. Basically, the lawyer emphasized that people actually need to read the labels and understand what the product is.
In order to facilitate this understanding, Crawford says that everything in the store is rated 1-10, with standard Tabasco® sauce being a "1," and sauces like Dave's Private Reserve and Mad Dog Inferno being a "10." Products like Pure Cap are rated at "10 ½." He says this system works pretty well because most people are already familiar with Tabasco®'s heat level, and it serves as a jumping off place for rating the heat levels of other products. "If you can't take Tabasco®, then ninety percent of the stuff in our store is too hot for you," he says.
Other store policies mandate that all tastings be overseen by a Chili Chompers employee, and that the first sample consist only of a small drop on a toothpick. After that first taste, customers can then decide for themselves if they want more. Also, customers must sign a Product Liability Disclaimer when purchasing Super Hot products, which emphasizes the fact that injury can result from using these sauces and food additives in any manner inconsistent with their intended purpose.
But even the most thorough of policies can't prepare a retailer for every possible situation. "I had a woman pass out on me in the store one day," says Crawford. She came in with her daughter, said she wanted to try the hottest thing in the store, and after one taste she was on the floor. "It scared me to death." The daughter explained that the woman had recently been ill from food poisoning, and when she came to, all she said was: "Oh, it must have been those peaches."
Other Considerations
While no Super Hot sauce manufacturer or retailer has ever been sued in relation to these products, it pays to follow the advice of those who have experience. Following is a compilation of suggestions made by the people interviewed for this story:
Pay attention when demonstrating at food shows or in stores.
*Keep the Super Hot products up high so that children will not be able to reach them.
*Sample the products on toothpicks so that no one gets more than they can handle.
*Do not allow people to free-feed. Instead hand out the samples only to people who look strong enough to tolerate the heat.
*Make sure the people who do taste your product understand that it is extremely hot.
*Never leave the sample area unattended.
Carry enough insurance. David Ashley said that when he started packing his Mad Dog Inferno sauce in 1994, he began to carry an extra $1 million dollars worth of product liability insurance, to augment the coverage he already had. His bottler, too, carries $2 million in product liability. In addition, he ran everything he was doing past his lawyers to make sure he was safe. "I tend to spend money on the front end, because I don't want to pay later," he says.
Use Common Sense. "Any super hot product could potentially hurt someone," says Dave Hirschkopf. "But if you take everything off the market that could possibly harm someone--baseball bats, kitchen utensils, bathtubs, even the legs of beds on which people sometimes break their toes--there wouldn't be many things left."
The bottom line is that these sauces and additives can be fun and safe when used correctly. It is not necessary to panic yourself out of a lucrative business, but neither is it responsible to market these products with no regard toward possible consequences. Manufacturers and retailers have an obligation to inform customers accurately about the type of product they are tasting or buying, but what people choose to do with the product after that is their own responsibility.
Resources
Ashley Food Co., Inc.
David Ashley
14 Ames Street
Dedham, MA 02026
PH: (800) 61-SAUCE; FAX: (781) 461-9186
Chili Chompers
Richard Crawford, Jr.
P.O. Box 300086
Stone Mountain, GA 30086
PH: (770) 879-1709; FAX: (770) 465-0980
Chromtec
Marlin Bensinger
115 Lakeshore Dr.
North Palm Beach, FL 33408-3644
PH: (561) 625-8901; FAX: (561) 624-1687
Dave's Gourmet
Dave Hirschkopf
1255 Montgomery Ave.
San Bruno, CA 94066
PH: (650) 794-0810; FAX: (650) 794-0340
Phil Olsson
Olsson, Frank, & Weeda
(a law firm specializing in food, durg, and agricultural issues.
Washington, D.C.
PH: (202) 789-1212
How Hot Is Hot?
Mainline hot sauces, including most fresh habanero....1,000-10,000 Scoville Units
Very Hot sauces (containing less oleoresin)....10,000-50,000 Scoville Units
Super Hot sauces (containing more oleoresin)...50,000-150,000 Scoville Units
Defense pepper spray for people....25,000-200,000 Scoville Units
Defense pepper spray for bears....200,000-350,000 Scoville Units
Oleoresin capsicum....up to 500,000 Scoville Units
Pure capsaicin....17,000,000 Scoville Units
|
|
|
Playing With Fire: The Risks and Benefits
of Selling Super Hot Saucesby Kellye Hunter
The irresistible lure of XXX Super Hot sauces: they are many a gourmand's rite of passage, represent the supreme macho contest, and produce the rallying cry for adventurous spirits everywhere. Truly, the appeal lies in their painful effects and in the process of weeding out "who can take it, and who can't." Manufacturers and retailers alike have found that warnings such as: "Use at your own risk"; "Keep out of the reach of children"; "Use only one drop at a time"; and "Not for people with heart or respiratory problems" serve more as a challenge than a caution.
Dave's Private
Reserve is so
hot that some
retailers require
customers to sign
a waiver before
purchasing it.They also have realized that more and more people are "proving themselves" in this manner, as Super Hot sauces continue to be one of the largest-selling single type of item in the Fiery Foods Industry, with more new names continually appearing. "This is a consumer-driven market," says David Ashley, president of Ashley Food Co., Inc., and manufacturer of Mad Dog Inferno, a sauce he claims is possibly the hottest available. "One in seven hot shop customers comes through the door wanting the hottest thing that the store has to offer."
Someone else who is quite aware of this trend is Dave Hirschkopf, originator of the Super Hots, and owner of Dave's Gourmet in San Bruno, California, who says that the sales of his Super Hot products alone are now up to approximately 500,000 units per year.
So, as a growing number of thrill-seeking hot sauce consumers throw caution to the wind, it is only natural that those associated with the production and sales of Super Hot products become even more diligent about protecting themselves against possible claims concerning the physical effects, either real or perceived, of these sauces.
Canned Heat
The punch of a Super Hot sauce is most usually wielded by the compact heat of oleoresin capsicum, a concentrated essence of chile that is not a synthetic, but a natural food made by an extraction method incorporating techniques similar to the process of making coffee, explains Marlin Bensinger, owner of Chromtec, a capsaicin analysis laboratory in West Palm Beach, Florida. He says that an organic solvent called hexane is run through dried ground chile, and the resulting liquid is put through another process to remove the solvent. The remaining oleoresin consists of what is left: the natural oils, color, and heat of the chile. There are several reasons that food processors choose to use this product. One is convenience--they can add a lot of heat to a product with minimum effort. Another is space--oleoresin can be packed into any size of container, from a 1/4-pound can to a 55-gallon drum, and easily stored. A third reason is stability--this is a sterile product that will remain stable for up to two or three years, as opposed to fresh or dried chiles that will spoil in a relatively short amount of time.
By weight, Bensinger says, one hundred pounds of fresh chile equals ten pounds of dried, which equals one pound of oleoresin. In terms of concentration, there is approximately a one hundred-fold increase in flavor, color, and heat when going from fresh chile to oleoresin, and a ten-to-one increase when going from dried to oleoresin. The Scoville Units of this solution, he says, can be between 430,000 and 500,000, but the Super Hot sauces usually measure from less than a quarter to a fifth of that because the heat is diluted with water and other foods.
However, there are products on the market now, such as Pure Cap by Garden Row Foods, that are pure oleoresin or oleoresin blends, and are used by consumers and food industry people to augment the heat levels of their favorite hot sauces and other foods. Retailers are reporting that these additives sell out almost as quickly as they hit the shelves, and that it is difficult to keep them in stock.
Although the basic effects of oleoresin on the body are no different than those of fresh chile, it must be used sparingly and sensibly in to avoid serious reaction because it is so highly concentrated. Bensinger also warns that some people who are particularly sensitive to capsaicin-containing food products of any kind (fresh or concentrate), can go into seizures if they eat too much of a hot thing.
To The Pain
The truth is, chile products are no more dangerous than any other food. If you get some in your eye, it will hurt intensely, but will do no harm. If you eat too much, you may get a stomach ache, but will suffer no permanent damage.
The real problem, says Bensinger, is not so much the hot food itself, but a person's reaction to it. Because capsaicin (the chemical compound that makes chile hot) causes both the bronchial tubes and the esophagus to constrict, some people, when exposed, might begin to panic, thinking they can't breathe. Ironically, panicking can augment the reaction, which makes breathing even more difficult, and leads to more panicking. The strongest reactions, he says, come from pepper spray, particularly if used on someone who has asthma. During an asthma attack, the bronchial tubes constrict, making breathing difficult. If this condition is augmented by pepper spray, the results could be disastrous, particularly if the product is used in a police situation to subdue a suspected criminal who has asthma. "An asthmatic can't tell you what's wrong because he can't breathe," says Bensinger. "Even if that person goes into convulsions, it may be mistaken as a drug overdose."
Bensinger had to contend with his own reaction one day when he walked into a room where someone had recently discharged a cylinder of pepper spray meant for bears. "I was all alone, and I kept saying to myself: 'Calm down. Relax. Relax the muscles in your throat. Take a tiny breath. Now take another one,'" he says. "It's very scary, even when you know what's going on."
Naturally, the hotter the product, the more intense the physical reaction to it will be. Bensinger says that bear spray, which is meant to deter large angry animals, can have a Scoville rating anywhere between 200,000-350,000 heat units, up to three times the heat level of many Super Hot sauces. Because he believes that consumers should be able to make informed choices, Bensinger is a proponent of including a standardized numerical rating on all hot sauce labels so that people can make informed decisions about the products they are buying and the foods they are eating.
Labels That Warn
In terms of protecting the manufacturer, it's all in the labeling, says Phil Olsson, an attorney at Olsson, Frank, and Weeda, a law firm specializing in food, drug, and agricultural issues in Washington, D.C. In fact, he believes that the innate labeling of these products (people on fire, mushroom clouds, exploding buildings, skulls and crossbones, and heat-implying names) adequately explain what is inside the bottle, unlike the inconspicuous McDonald's coffee cup, which now prominently displays the warning: Contents May Be Very Hot.
Concerning claims made on behalf of those people who cannot understand the labeling, Olsson advocates common sense. For instance, if your product is being sold in a predominantly Hispanic market and it is reasonable to expect that a large number of those consumers do not speak English, it might be a good idea to include information in Spanish, he says. Although the possibility of a child being injured is of greater concern in terms of possible legal action, Olsson points out that most children would not be able to ingest a significant amount of hot sauce. "If a child put a whole bunch on something, he's going to realize very soon that it's not ketchup, and is going to spit it out," he says.
Olsson also advises that manufacturers should not invite trouble by including warnings about specific physical consequences (such as possible heart attack), unless there is medical literature to document those reactions. While there is medical evidence that capsaicin can change a person's heart rate (it actually slows it down), there is no documented case of capsaicin ever causing a heart attack. "You always give people ideas," he says, "and you need to be very careful for fear you'll be later held to account."
Warnings That Sell
One person who has used specific warnings to his advantage is Dave Hirschkopf, manufacturer of Dave's Insanity Sauce, which has been on the open market for the past five and a half years, and the even hotter Dave's Private Reserve. He says the warning on his bottle started out rather simply: "Warning: Use this product one drop at a time." But about three years ago, he added: "Keep away from eyes, pets, and children. Not for people with heart or respiratory problems."
This wording was Hirschkopf's idea, not his lawyers'. And while specific warnings like this might help make people more aware--heart and respiratory reactions are the only true risks to Super Hot sauces, he says-- he also believes that warnings this strong have a certain market value to them. "There is a definite line between causing pain and causing injury," he says. "And in this industry, causing pain is doing a service...causing pain is what the consumer wants."
But sometimes people get more than they bargained for.
"A responsible manufacturer makes up worst case scenarios to cover any situation," says Hirschkopf. This kind of forward thinking helps manufacturers market their products in such a way that consumers have realistic expectations as to the uses and consequences, and it also helps them to be prepared for any situation that might occur. For instance, if someone were to sue for an adverse physical reaction such as a heart attack, "It would be a freak situation," says Hirschkopf, but that's why you have insurance." He carries product liability insurance, but does not have any kind of specific rider or special provision for his Super Hot products, because his lawyers did not see any reason to do so.
Although he has never had to defend his Super Hot sauces in court, Hirschkopf has had one close encounter, and has headed off other complaints by phone. The close encounter came when, according to Hirschkopf, a man dropped a bottle of hot sauce on his two-year-old child, and the sauce caused some skin irritation. The father consulted his attorneys, and then called Hirschkopf asking for $80,000. "I asked him: 'If you were to have spilled boiling water on your child, would you sue the water department?'" Hirschkopf said. "I'm not sure exactly what it was, but something finally made him go away."
In addition, he and his staff handle some angry calls at the office. "I'm careful not to say we're liable until I know the facts...you can take a call and make it into a problem," he says. "Did the person use one drop, or three tablespoons?" He says that he usually listens carefully to each complaint, lets people know that they have a valid concern, does his best to placate them, and then documents each incident. Most people, he says, calm down once they realize they have used the product in a manner that was inconsistent with its labeling, such as using too much. Many of the calls, however, are from people who simply want to let him know that they enjoyed the sauce. "I hear things like: 'Oh, man, you killed me!'" he says. "It's the best part of doing this business."
A Retailer's Responsibility
It is important to note that a manufacturer's responsibility is somewhat diminished as the product travels up the food chain, to retailers, restaurants, and people in their homes.
"When we saw the really hot sauces coming to the market, like Pure Cap and Dave's Private Reserve, we came up with our own liability clause," says Richard Crawford, vice president of Chili Chompers in Stone Mountain, Georgia, which has seven hot shops across the country and a growing franchise business. In order to familiarize people with new tastes, they will let customers sample any product that is in the store, but it has to be done carefully. "We came up with policies regarding the tasting of these products and had our lawyer review them," he says. Basically, the lawyer emphasized that people actually need to read the labels and understand what the product is.
In order to facilitate this understanding, Crawford says that everything in the store is rated 1-10, with standard Tabasco® sauce being a "1," and sauces like Dave's Private Reserve and Mad Dog Inferno being a "10." Products like Pure Cap are rated at "10 ½." He says this system works pretty well because most people are already familiar with Tabasco®'s heat level, and it serves as a jumping off place for rating the heat levels of other products. "If you can't take Tabasco®, then ninety percent of the stuff in our store is too hot for you," he says.
Other store policies mandate that all tastings be overseen by a Chili Chompers employee, and that the first sample consist only of a small drop on a toothpick. After that first taste, customers can then decide for themselves if they want more. Also, customers must sign a Product Liability Disclaimer when purchasing Super Hot products, which emphasizes the fact that injury can result from using these sauces and food additives in any manner inconsistent with their intended purpose.
But even the most thorough of policies can't prepare a retailer for every possible situation. "I had a woman pass out on me in the store one day," says Crawford. She came in with her daughter, said she wanted to try the hottest thing in the store, and after one taste she was on the floor. "It scared me to death." The daughter explained that the woman had recently been ill from food poisoning, and when she came to, all she said was: "Oh, it must have been those peaches."
Other Considerations
While no Super Hot sauce manufacturer or retailer has ever been sued in relation to these products, it pays to follow the advice of those who have experience. Following is a compilation of suggestions made by the people interviewed for this story:
Pay attention when demonstrating at food shows or in stores.
*Keep the Super Hot products up high so that children will not be able to reach them.
*Sample the products on toothpicks so that no one gets more than they can handle.
*Do not allow people to free-feed. Instead hand out the samples only to people who look strong enough to tolerate the heat.
*Make sure the people who do taste your product understand that it is extremely hot.
*Never leave the sample area unattended.
Carry enough insurance. David Ashley said that when he started packing his Mad Dog Inferno sauce in 1994, he began to carry an extra $1 million dollars worth of product liability insurance, to augment the coverage he already had. His bottler, too, carries $2 million in product liability. In addition, he ran everything he was doing past his lawyers to make sure he was safe. "I tend to spend money on the front end, because I don't want to pay later," he says.
Use Common Sense. "Any super hot product could potentially hurt someone," says Dave Hirschkopf. "But if you take everything off the market that could possibly harm someone--baseball bats, kitchen utensils, bathtubs, even the legs of beds on which people sometimes break their toes--there wouldn't be many things left."
The bottom line is that these sauces and additives can be fun and safe when used correctly. It is not necessary to panic yourself out of a lucrative business, but neither is it responsible to market these products with no regard toward possible consequences. Manufacturers and retailers have an obligation to inform customers accurately about the type of product they are tasting or buying, but what people choose to do with the product after that is their own responsibility.
Resources
Ashley Food Co., Inc.
David Ashley
14 Ames Street
Dedham, MA 02026
PH: (800) 61-SAUCE; FAX: (781) 461-9186
Chili Chompers
Richard Crawford, Jr.
P.O. Box 300086
Stone Mountain, GA 30086
PH: (770) 879-1709; FAX: (770) 465-0980
Chromtec
Marlin Bensinger
115 Lakeshore Dr.
North Palm Beach, FL 33408-3644
PH: (561) 625-8901; FAX: (561) 624-1687
Dave's Gourmet
Dave Hirschkopf
1255 Montgomery Ave.
San Bruno, CA 94066
PH: (650) 794-0810; FAX: (650) 794-0340
Phil Olsson
Olsson, Frank, & Weeda
(a law firm specializing in food, durg, and agricultural issues.
Washington, D.C.
PH: (202) 789-1212
How Hot Is Hot?
Mainline hot sauces, including most fresh habanero....1,000-10,000 Scoville Units
Very Hot sauces (containing less oleoresin)....10,000-50,000 Scoville Units
Super Hot sauces (containing more oleoresin)...50,000-150,000 Scoville Units
Defense pepper spray for people....25,000-200,000 Scoville Units
Defense pepper spray for bears....200,000-350,000 Scoville Units
Oleoresin capsicum....up to 500,000 Scoville Units
Pure capsaicin....17,000,000 Scoville Units
