Plaintiff Claims "Boneless Wings", Really Mislabeled Nuggets
Plaintiff Claims "Boneless Wings", Really Mislabeled Nuggets
Aimen Halim, apparently having seen all the ridiculous cases out there and not wanting the company to lose out, has filed a lawsuit against Buffalo Wild Wings in Northern District of Illinois. According to him, the "Boneless Wings" that Buffalo Wild Wings calls are not "deboned chicken wings", as he claimed. These products are not wings, but slices of chicken breast meat in the form of wings. (Stupid emphasis in original. Gasp! Halim claims that this is a clear case of false advertising and should be prohibited. This case is one of those that will fail due to what we...
Aimen Halim, apparently having seen all the ridiculous cases out there and not wanting the company to lose out, has filed a lawsuit against Buffalo Wild Wings in Northern District of Illinois. According to him, the "Boneless Wings" that Buffalo Wild Wings calls are not "deboned chicken wings", as he claimed. These products are not wings, but slices of chicken breast meat in the form of wings. (Stupid emphasis in original. Gasp! Halim claims that this is a clear case of false advertising and should be prohibited. This case is one of those that will fail due to what we call "reasonable consumers" standard. It basically means that even the most tolerant courts can dismiss a case such as this on the pleadings, if the "reasonable customer" would not be fooled or not care about the alleged false advertisement. The case falls into either one of these categories or both. Of course, Mr. Halim claims that he didn't know the exact composition of the meat product. He says that he did not want chicken breast meat that looked like a chicken wings. Instead, he wanted a deboned chicken wing. Why would he want this? The complaint does not say. How did he discover that he was being deceived by his accomplice? The complaint is not clear. Now, I'll say that when these particular allegations are missing, or unclear, it's not often because the plaintiff didn’t actually want the thing and/or was not deceived through the labeling of that thing. Rather, he has been told that he could get some money if he says so by an attorney. I do not have any facts to support this assertion. This fact is now mine: While God made each chicken with "white and dark meat," which have different amounts of muscle fibers, fat and protein and may taste different, both breasts and wings can be considered white meat. Some online sources disagree with this statement, but the USDA says that both turkey breasts and turkey wings are white meat. The USDA also states the same thing about chickens. Some people may be able to tell the difference between breast meat and wing meat. However, this is unlikely to happen when the chicken is fried and/or coated in sauce. This seems to be a doubt to the plaintiff's claim that they went looking for deboned chicken wings. Buffalo Wild Wings posted a Monday tweet that seemed to make a similar point. The tweeter stated, "It's true." "Our boneless wings contain all white meat chicken" and "[o]ur hamburgers have no ham" and "[o]ur Buffalo wings are 0% buffalo." Nevertheless, take a look at this soon-to be-deboned complaint.
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