Boneless chicken wings can have bones, Ohio Supreme Court rules

The Ohio Supreme Court ruled Thursday that “boneless” chicken wings do not need to be boneless, ending a lawsuit filed after a man suffered medical problems after consuming a chicken bone while eating a boneless wing.

According to the court’s opinion, “Michael Berkheimer sued a restaurant, its food supplier, and a poultry farm after suffering serious medical problems resulting from a chicken bone getting stuck in his throat while eating a ‘boneless wing’ served by the restaurant.”

“There is no breach of a duty when the consumer could reasonably expect and protect himself against the presence of the harmful substance in the food”, states the court said in its decision. “And what the consumer could reasonably expect is informed by determining whether the harmful substance in the food is foreign or natural to the food.”

The Ohio high court also said in its ruling that when it comes to “the food being called a ‘boneless wing,’ it is common sense that this label is merely a description of the style of cooking.”

“A customer who read ‘boneless wings’ on a menu would no longer believe that the restaurant was guaranteeing the absence of bones in the items, just as they would no longer believe that the items were made from chicken wings, just as a person who eats ‘boneless wings’ would not believe that the items were made from chicken wings. chicken’ would know that it was not served,” says the court’s decision. “The food label on the menu described a cooking style; it wasn’t a guarantee.”

However, three of the seven judges in the case disagreed, stating: “Does anyone really believe that parents in this country who feed their young children boneless wings or chicken pieces or chicken nuggets or chicken fingers expect there to be bones in the chicken? ”

“Of course not,” said the judges. “When they read the word ‘boneless,’ they think it means ‘boneless,’ just like all sensible people.”

The Hill has reached out to people representing Berkheimer, REKM, LLC, Wayne Farms, LLC and Gordon Food Service, Inc.

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