The suit was filed in the Montana Eighteenth Judicial District Court, Gallatin County, on behalf of a sixteen-year-old boy who developed a serious Salmonella infection — and was subsequently diagnosed with ulcerative colitis — after eating food from the Chipotle restaurant located at 1919 W. Main Street in Bozeman, Montana.
The action was brought on behalf of H.S., a minor, by and through his mother and natural guardian, A. Smith.
A visit to Chipotle - and a life-long chronic diagnosis
According to the complaint, H.S. — a healthy, active sixteen-year-old — consumed food purchased from the Bozeman Chipotle on or about July 9, 2026. Five days later, he became ill with hallmark symptoms of Salmonella infection, including nausea, watery diarrhea, stomach cramps, bloating, fever, dehydration, malaise, and loss of appetite.
As his condition worsened, H.S. presented to the Emergency Room at Bozeman Health Deaconess Regional Medical Center on July 16, 2026, where a CT scan revealed inflammation of his intestines. Stool testing subsequently returned positive for Salmonella, and he followed up with his providers at Bozeman Health Pediatrics for continued treatment.
The complaint alleges that as a result of his Salmonella infection and the resulting damage to his gastrointestinal tract, H.S. was diagnosed with ulcerative colitis — a chronic inflammatory bowel condition with life-long consequences. He was ill for more than eight days and continues to experience ongoing symptoms, including abdominal cramps and nausea.
The growing multistate outbreak traced to jalapeños
The lawsuit comes amid an expanding Salmonella outbreak that health officials have tied to jalapeños served at Chipotle. According to the complaint, it began with the Minnesota Department of Health identifying 110 cases in that state alone, and among the 84 sickened individuals interviewed so far, 75 reporting having eaten at Chipotle between June 14 and July 14, 2026. Patient interviews and genomic testing helped investigators pinpoint jalapeños as the likely culprit.
Chipotle has since removed jalapeños from its other restaurants in other states after determining the peppers were linked to the outbreak, stating that it acted out of an abundance of caution, and replacing them with peppers from different growers. The complaint alleges that Chipotle restaurants, including those in Bozeman, are among the retail establishments that have already replaced the potentially contaminated jalapeños.
Federal authorities are now involved alongside state investigators: the FDA confirmed that on July 22nd that it had initiated a traceback investigation of multiple ingredients in response to the cluster of Salmonella illnesses identified by state officials and the CDC. The investigation into the origin and nature of the contamination remains ongoing.
The allegations against Chipotle
The suit asserts claims for strict product liability, negligence (including negligence per se), and breach of implied warranties. Among the specific allegations, the complaint contends that Chipotle:
- Manufactured, prepared, and sold food that was defective and unreasonably dangerous because it contained Salmonella, a dangerous pathogen;
- Failed to properly test the food before placing it into the stream of commerce, and failed to prevent contamination from reaching consumers;
- Failed to follow FDA-recommended good manufacturing practices and to adequately monitor the safety and sanitary conditions of its premises; and
- Failed to warn the general public that its food was contaminated with Salmonella, despite knowing or having reason to know of the danger.
The complaint further alleges that the contaminated food was "adulterated" under both Montana law and the Federal Food, Drug, and Cosmetic Act. Plaintiff seeks past and future economic and non-economic damages and has demanded a jury trial.
Quote from National Food Safety Lawyer Ron Simon
Ron Simon, attorney for H.S. and many other victims in the outbreak, issued the following statement
"Chipotle sells itself on fresh ingredients, but fresh means nothing if the supply chain isn't safe. A healthy sixteen-year-old ate a meal and came away with a chronic bowel disease he will manage for the rest of his life. This is the first lawsuit in this outbreak, but with well over a hundred confirmed cases and counting, it will not be the last."
National Food Safety Firm Establishes a Chipotle Jalapeño Salmonella Outbreak Claim Center
Mr. Simon and his law firm have established a Chipotle Jalapeño Salmonella Outbreak Claim Center to assist victims in the outbreak. The Salmonella Claim Center can be reached toll-free at 1-888-335-4901 or by going to the firm's website, at https://www.ronsimonassociates.com/.
About National Food Safety and Salmonella Attorney Ron Simon
Over the last 33 years, Ron Simon and his colleagues have prosecuted thousands of food poisoning cases for victims across the United States. His work has resulted in numerous upgrades to safety procedures in Fortune 500 companies and in legislation designed to protect consumers from dangerous food-borne pathogens.
Mr. Simon and his clients have been featured on NBC, ABC, CBS, CNN, FOX and virtually all other major television networks and print media. Mr. Simon and his legal team have collected over $850,000,000 for their clients. His firm regularly publishes articles about food safety, Salmonella poisoning, and litigation at www.foodpoisoningnews.com, which are read by viewers in over 180 countries.
Through litigation, media commentary, and his food poisoning publications, Mr. Simon relentlessly challenges food manufacturers, distributors, and restaurants to do a better job in making our food safe.
For media inquiries or more information on the Chipotle Jalapeño Salmonella Outbreak Claim Center, please contact Ron Simon directly at (713) 819-8116 or [email protected].
SOURCE Ron Simon & Associates
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