Food & Beverage

Boneless wings don’t have to be bone-free, Ohio court rules

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July 26, 2024

The Ohio Supreme Court on Thursday ruled that "boneless" chicken wings do not guarantee the absence of bones, a decision that overturns a lawsuit filed after a man suffered medical complications from swallowing a bone, according to a report from The Hill.

Consumer Michael Berkheimer sued a restaurant, its food supplier and a chicken farm after a bone became lodged in his throat while eating boneless wings. He alleged the restaurant was negligent for not warning customers about the potential presence of bones.

But the court disagreed, stating that "boneless" is a descriptor of the cooking style, not a promise of bone-free food. The opinion compared the term to "chicken fingers," which consumers do not expect to be actual fingers.

"There is no breach of a duty when the consumer could have reasonably expected and guarded against the presence of the injurious substance in the food," the court wrote.

Three dissenting justices argued that consumers reasonably expect boneless wings to be free of bones, especially when feeding children.