Chicago, Illinois – A federal judge has ruled in favor of Buffalo Wild Wings, allowing the restaurant chain to continue using the term “boneless wings” for its popular menu item, despite a lawsuit suggesting that these items are essentially chicken nuggets. U.S. District Judge John Tharp issued a 10-page decision focusing on the terminology and consumer expectations surrounding the dish.
The lawsuit, filed in March by Aimen Halim, argued that labeling the product as “boneless wings” constitutes a violation of the Illinois Consumer Fraud Act. Halim contended that the name misled customers, who might anticipate chicken wings without bones rather than breaded chicken pieces. However, Tharp found the lawsuit lacked sufficient evidence to support Halim’s claims.
In his ruling, Tharp stated, “Boneless wings are not a niche product for which a consumer would need to do extensive research.” He pointed out that the term has been in common use for over two decades, suggesting that the average customer understands what to expect when ordering.
While acknowledging Halim’s assertion of economic injury in his claim, Tharp emphasized that there was no reasonable basis to believe consumers were misled by the description. “Halim did not ‘drum’ up enough factual allegations to state a claim,” the judge noted. However, he did allow Halim the possibility to amend his complaint by March 20, should he gather additional evidence to corroborate his assertions.
Halim’s lawsuit stems from an experience in January 2023 when he visited a Buffalo Wild Wings location. He had anticipated receiving strips of chicken wing meat that had been deboned but instead received products that aligned more closely with traditional chicken nuggets. He suggested alternative names for the items, such as “chicken poppers,” to better reflect the actual product.
Buffalo Wild Wings has not publicly addressed the ruling or Halim’s comments as of yet. In his opinion, Tharp referenced a recent Ohio Supreme Court decision that discusses similar consumer expectations. The court stated that when diners order “boneless wings,” they cannot reasonably expect the products to be made from actual chicken wings, just as those ordering “chicken fingers” understand they will not receive anything resembling human anatomy.
This legal battle highlights the broader discussion about food labeling and consumer perception. As restaurants continue to innovate and create new menu items, the language used to describe those foods can influence customer expectations and satisfaction. With the judge’s decision, Buffalo Wild Wings can maintain its marketing language as consumers adapt to the growing variety of offerings in the restaurant industry.