I think they're hype, but the lawyer for the restaurant is probably worried about the "scalding hot coffee at McDonald's" type suit where you get nailed for "pain and suffering."
There used to be a place in San Mateo called the Prince of Wales Pub (sadly, now closed, I will miss their homemade chili that was so popular that you had to reserve on Thursdays for lunch) which had a
"Habanero Burger" that has habanero *paste* on it (not even really a sauce), and is thus wickedly hot. They make you sign a waiver, but if you eat one, they give you a bumpersticker that says "I ate a Habanero Burger at the Prince of Wales."
Sounds like good marketing to me.
People get so in the habit of worry that if you save them from drowning and put them on a bank to dry in the sun with hot chocolate and muffins they wonder whether they are catching cold,

Buffy