Overview
- U.S. District Judge John J. Tharp Jr. in Chicago tossed the 2023 proposed class action on Feb. 17, finding the complaint failed to plausibly allege consumer deception.
- Aimen Halim, who bought the item in Mount Prospect, Illinois, claimed he expected deboned wing meat and sought nationwide relief and monetary damages.
- The opinion deemed “boneless wings” a common, fanciful label used for decades and said a reasonable consumer would not think the product is reconstituted wing meat.
- Tharp cited an Ohio Supreme Court decision and pointed to context such as cauliflower “wings,” long-standing industry usage, and lower pricing versus traditional wings.
- The case was dismissed with leave to amend by March 20, though the judge signaled skepticism that additional facts could revive the claims.