A US federal judge in Chicago has dismissed a lawsuit against the restaurant chain Buffalo Wild Wings, which alleged that the company misled customers by selling "boneless wings" that are not actually de-boned chicken wings. Judge John Tharp Jr. threw out the proposed class action, originally brought in 2023 by plaintiff Aimen Halim.
Lawsuit Claims Deception Over Menu Item
Mr Halim claimed he was deceived into purchasing the menu item, which he described as "essentially a chicken nugget." He alleged that the marketing and advertising of "boneless wings" is false, duping consumers in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, among other claims.
Judge's Ruling Criticises Lack of Factual Basis
In his ruling, Judge Tharp wrote, "Halim sued (Buffalo Wild Wings) over his confusion, but his complaint has no meat on its bones." He added, "Despite his best efforts, Halim did not 'drum' up enough factual allegations to state a claim." The judge emphasised that reasonable consumers are not deceived into thinking boneless wings are truly made of wing meat.
Tharp noted, "If Halim is right, reasonable consumers should think that cauliflower wings are made (at least in part) from wing meat. They don't, though," highlighting the absurdity of the argument from a consumer perspective.
Opportunity to Amend the Complaint
Despite granting the chain's request to dismiss the case, Judge Tharp gave Halim until March 20 to amend his lawsuit to present any additional facts that would allow the case to proceed. This provides a narrow window for the plaintiff to strengthen his legal arguments if he wishes to pursue the matter further.
The dismissal underscores the challenges in bringing consumer fraud cases over product naming conventions, particularly in the food industry where terms like "boneless" are commonly understood by the public. The ruling may set a precedent for similar disputes involving menu descriptions and advertising claims across the United States.
