Source - Food & Beverage Litigation and Regulatory Update | Issue 796

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495 (N.D. Ill., filed March 10, 2023). In his complaint, he alleges the company's name and description of the products lead reasonable consumers to believe they are actually chicken wings that have simply been deboned and are entirely comprised of chicken wing meat.

“Unbeknownst to Plaintiff and other consumers, the Products are not wings at all, but instead, slices of chicken breast meat deep-fried like wings. Indeed, the Products are more akin, in composition, to a chicken nugget rather than a chicken wing,” the plaintiff said in his complaint. “This clear-cut case of false advertising should not be permitted, as consumers should be able to rely on the plain meaning of a product’s name and receive what they are promised."

The plaintiff noted in his complaint that other chains like Domino’s Pizza and Papa Johns do not call their similar products boneless wings, but rather chicken poppers.

The plaintiff is alleging the company violated the Illinois Consumer Fraud and Deceptive Business Practices Act. Other claims include breach of express warranty, common law fraud and unjust enrichment. He’s seeking class certification, declaratory judgment, restitution, damages, injunctive relief, attorney’s fees and pre- and post-judgment interest.

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