Nothing will save you from a frivolous lawsuit.
If you tell people they're superhots, they're on notice.
A waiver isn't foolproof, nor is an LLC.
I dont mean to sound like a knowitall - i'm not. But i went through this process recently & between then & now spoke to several attorneys.
The gist is that a sole-owner LLC protects you from nothing. There's a myth that it protects all your personal assets, but as the only person with skin in the game you can bet someone will go after your personal assets.
Now, as for the waiver, just put up a sign in full display that says something like "these are really really hot peppers - eat at your own risk."
I don't see why you'd need a waiver unless you're force feeding them to people. If I understand correctly, you're gonna sell raw peppers.
If a customer buys 'em from you & leaves nothing else is your responsibility beyond that point. If they eat 'em or can 'em or shove 'em up their arse it's none of your concern nor is it your responsibly.
Only place I've seen require a warning is Prince of Wales in San Mateo for their Red Savina burger. But again - that's consumed on the premises. And it's a little bit gimmicky.
Good luck!
