Is it lawful to call boneless chicken wings ‘wings’? According to a U.S. District Judge, yes.
On Tuesday in Illinois, Judge John Tharp reached a verdict in a case brought against Buffalo Wild Wings alleging that the wings aren’t wings and shouldn’t be referred to as such on the restaurant chain’s menu. The suit, which was first brought by customer Aimen Halim in March 2023, claimed the business had violated the Illinois Consumer Fraud Act by referring to the product as “boneless wings” instead of something the plaintiff deemed more fitting, such as “chicken nuggets.
In the end, the judge didn’t feel the case had any bones. In a 10-page ruling, Tharp wrote, “Boneless wings are not a niche product for which a consumer would need to do extensive research to figure out the truth. Instead, ‘boneless wings’ is a common term that has existed for over two decades.”
Tharp continued, asserting that the plaintiff didn’t have enough solid evidence to prove Buffalo Wild Wings was at fault. “Halim did not ‘drum’ up enough factual allegations to state a claim. Though he has standing to bring the claim because he plausibly alleged economic injury, he does not plausibly allege that reasonable consumers are fooled by Buffalo Wild Wings’ use of the term ‘boneless wings.’”
The judge also cited a 2024 Supreme Court case, which also involved boneless wings at a different establishment in Ohio. In that case, the plaintiff was allegedly injured by a bone from a so-called “boneless wing” getting lodged in his throat. However, the court ruled that under Ohio law, “a reasonable consumer could have reasonably anticipated and guarded against the bone at issue”, regardless of it being called “boneless.”
Judge Tharp wrote, “As the Ohio Supreme Court recently put it, ‘[a] diner reading ‘boneless wings’ on a menu would no more believe that the restaurant was warranting the absence of bones in the items than believe that the items were made from chicken wings, just as a person eating ‘chicken fingers’ would know that he had not been served fingers.”
Now, Buffalo Wild Wings is celebrating the case’s dismissal. In a social media post, the chain wrote, “They’re called boneless wings and will forever be called boneless wings. Celebrate the court’s decision today with BOGO FREE boneless wings.” According to the chain’s website, the BOGO deal happens every Thursday.
Regardless of the fact that the lawsuit has been tossed, the conversation about whether boneless wings are wings is still popping off. Commenters on Buffalo Wild Wing’s celebratory post ranged from pure disgust with the verdict to fierce defense of both the chain and of boneless wings.
“This makes me never want to go to BWW…,” one user wrote. “They aren’t ‘Buffalo wings’, they’re just wings AND your ‘boneless wings’ are chicken tenders. C’mon man.” Others called the wings “grown up chicken nuggets” or simply vented that the chain’s wings are subpar in general.
On the contrary, some commenters expressed their enthusiasm for the menu item. “Boneless wings are the only wings that should be consumed,” wrote another X user on the post.
While the judge made his ruling, he also said that the plaintiff can amend his initial complaint by March 20. Halim will have the opportunity to “provide additional facts about his experience that would demonstrate that BWW is committing a deceptive act.”
