Ohio Supreme Court Rules that ‘Boneless Wings’ Doesn’t Mean ‘Bone-Free Wings’

In a ruling that might make some diners rethink their wing orders, the Ohio Supreme Court declared on Thursday that “boneless wings” are not necessarily bone-free. The decision came after Michael Berkheimer experienced severe medical complications from eating what he thought was a “boneless wing.” He claimed that a bone in the ‘boneless-wing’ had lodged in his throat. 

In a 4-3 ruling, the Supreme Court rejected a lawsuit from Berkheimer against the restaurant Wings on Brookwood in Hamilton, Ohio. Berkheimer argued that the restaurant’s ‘boneless wings’, which are nuggets of boneless, skinless chicken breast, should have been free of bones. He accused the restaurant and its supplier of chicken of negligence for not warning customers of the possibility of bones. 

Justice Joseph T. Deters, stated that “boneless wings” refers to a style of preparation rather than a literal absence of bones. Deters noted, “A diner reading ‘boneless wings’ on a menu would no more believe that the restaurant was warranting the absence of bones in the items than believe that the items were made from chicken wings.”

But hold onto your forks and knives, because this culinary confusion doesn’t stop there. In May, News 5 reported about a similar dilemma in Fort Wayne, Indiana. At that time, Allen County Superior Court Judge Craig J. Bobay declared that tacos and burritos are, in fact, “Mexican-style sandwiches.” This unexpected classification comes from a zoning dispute involving a new restaurant, Famous Taco, which wanted to set up shop in a location that only permits “made-to-order” sandwiches.

With bones in wings and tacos reclassified as sandwiches, food fans might want to reconsider their menu expectations.