By Blessing Nweke
A federal judge has ruled that Buffalo Wild Wings can continue calling its popular menu item “boneless wings,” even though they are “essentially chicken nuggets,” dismissing a consumer fraud lawsuit that challenged the name.
In a 10-page decision issued Tuesday, U.S. District Judge John Tharp in Illinois rejected claims brought by Aimen Halim, who sued the sports bar chain in March 2023 under the Illinois Consumer Fraud Act. Halim argued that the term “boneless wings” misled customers into believing they were ordering deboned chicken wings rather than breaded chunks of white meat.
Tharp wrote that the phrase “boneless wings” is widely understood and has been in common use for more than two decades. “Boneless wings are not a niche product for which a consumer would need to do extensive research to figure out the truth,” he stated, adding that Halim did not “drum” up enough factual allegations to show that reasonable consumers are deceived by the label.
While the judge acknowledged that Halim plausibly alleged economic injury — giving him standing to sue — he concluded that the complaint failed to demonstrate a deceptive act. However, Tharp is allowing Halim until March 20 to amend his complaint if he can provide additional facts supporting his claim.
In his lawsuit, Halim said he visited a Buffalo Wild Wings location in January 2023 expecting wings that were deboned and suggested the product should instead be marketed as “chicken poppers.”
Tharp also cited a recent ruling by the Ohio Supreme Court, noting that diners would no more assume “boneless wings” are literal wings than believe “chicken fingers” are made from actual fingers
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