Buffalo Wild Wings Wins Lawsuit Over “Boneless Wings” Term

A federal judge has ruled that Buffalo Wild Wings can keep using the term “Boneless Wings” for its menu items, dismissing a lawsuit that claimed the name constituted false advertising.

U.S. District Judge John Tharp issued a ruling that prevents a Chicago man, who claimed the name misled consumers by suggesting these items are wings rather than essentially chicken nuggets, from moving forward with his case. He argued that these should be called something like “chicken poppers.”

In Tharp’s words, the plaintiff, Aymen Halim, failed to provide enough evidence to substantiate his claims. He noted that while Halim had standing to sue due to financial claims, he didn’t effectively demonstrate that the average consumer would be deceived by the term “boneless wings.”

Halim filed the lawsuit following a visit to the restaurant in January 2023, asserting that he felt misled by their marketing tactics.

He contended that boneless wings are merely “slices of chicken breast fried like chicken wings,” suggesting that if customers were aware of their true nature, they wouldn’t feel inclined to purchase them. Halim expressed his regret over his decision to buy the item after learning how they were made, insisting he experienced financial loss due to what he claimed was the restaurant’s deceptive marketing.

In the ruling, Tharp acknowledged that “boneless wings are essentially chicken nuggets,” but he pointed out that the concept is hardly new, with Buffalo Wild Wings offering them since 2003. He remarked that the term “boneless wing” has been widely recognized for over two decades and doesn’t require extensive investigation by consumers.

Tharp also highlighted that a “rational consumer” would not think of these wings as literally deboned wings restored to some alternate form.

Halim accused the restaurant of breaching several laws, including the Illinois Consumer Fraud Act. Tharp referenced a prior Ohio Supreme Court decision, noting that just as diners who order “chicken fingers” won’t expect actual fingers, those ordering “boneless wings” recognize that the establishment isn’t guaranteeing completely boneless options.

Although the court has allowed Halim until March 20 to revise his complaint, Tharp expressed skepticism about whether new facts could substantiate a case of deceptive practices by Buffalo Wild Wings.