Ohio Supreme Court Rules ’Boneless’ Chicken Wings Can Contain Bones

The Ohio Supreme Court has ruled that "boneless" chicken wings are not guaranteed to be bone-free. This decision came after Michael Berkheimer sued a Hamilton, Ohio restaurant, Wings on Brookwood, and its chicken suppliers in 2017. Berkheimer’s suit followed a 2016 incident in which he swallowed a bone while eating what was marketed as a boneless wing. The bone lodged in his esophagus, leading to a serious infection and two surgeries.

The lawsuit argued that the restaurant and its suppliers were negligent for not warning customers about potential bones in "boneless" wings. Initially dismissed in a lower court, the case went through multiple appeals before reaching the state Supreme Court.

In a 4-3 decision, the Court ruled against Berkheimer. Justice Joseph T. Deters, writing for the majority, stated that "boneless" refers to a cooking style, and diners should not expect a literal guarantee of no bones. The dissenting justices contended that the term "boneless" misleads consumers, suggesting that the matter should have been decided by a jury.