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Judge Dismisses Buffalo Wild Wings ‘Boneless Wings’ Lawsuit as Term Not Misleading

The plaintiff was given until March 20 to amend his complaint after the court found the label would not deceive a reasonable consumer.

Overview

  • U.S. District Judge John J. Tharp Jr. in Illinois dismissed Aimen Halim’s complaint on Feb. 17, ruling the case failed to plausibly allege consumer deception.
  • The court said “boneless wings” is a common menu term used for decades and that reasonable diners would not be misled into thinking the items are deboned wing meat.
  • Judge Tharp acknowledged Halim plausibly alleged economic injury for standing but found he did not state a viable claim under consumer-protection law.
  • The ruling cited an Ohio Supreme Court decision comparing expectations for “boneless wings” to familiar terms like “chicken fingers.”
  • Buffalo Wild Wings celebrated the decision on social media with a post defending the name and a BOGO boneless-wings promotion as online debate over the product’s nature continued.