Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a restaurant patron who suffered serious medical complications from getting a bone stuck in his throat.

Michael Berkheimer was dining with his wife and friends at a wing joint in Hamilton, Ohio, and had ordered the usual — boneless wings with parmesan garlic sauce — when he felt a bite-size piece of meat go down the wrong way. Three days later, feverish and unable to keep food down, Berkeimer went to the emergency room, where a doctor discovered a long, thin bone that had torn his esophagus and caused an infection.

In a 4-3 ruling, the Supreme Court said Thursday that “boneless wings” refers to a cooking style, and that Berkheimer should’ve been on guard against bones since it’s common knowledge that chickens have bones. The high court sided with lower courts that had dismissed Berkheimer’s suit.

  • SSTF
    link
    191
    edit-2
    5 months ago

    “Decaf coffee”

    It actually has 300000mg of caffeine

    “It’s well known that coffee has caffeine in it. Skill issue.”

    • @BedbugCutlefish
      link
      English
      1135 months ago

      Decaf does actually still have caffeine, just normally like 97% less.

      Which, I guess is like the boneless wings having 97% less bones, now in convinient needle shaped shards

      • @[email protected]
        link
        fedilink
        49
        edit-2
        5 months ago

        Yeah, I feel like this is why it’s called decaffeinated rather than caffeine-free… Caffeine has been removed but not completely.

        But while the word “less” means a smaller amount, the suffix of “less” means without, i.e. childless

        https://www.dictionary.com/browse/-less

        Boneless doesn’t mean “less” bones. The dictionary and commonly understood meaning is “without bones”, and certainly without amounts of bone sufficient to cause significant injury when eating . It’s certainly not a “cooking style” as uncooked chicken cuts with bones removed are sold as boneless.

        Apparently these judges are “brainless”

      • @Dasus
        link
        65 months ago

        On a bit of a tangent, I’m Finnish and recently (as in the past year or two) there’s been Coke and Pepsi which literally say “caffeine-free” on the side. Not “decaffeinated”, but “caffeine-free”.

        I think there’s been some sort of innovation in decaffenation or someone’s come up with a flavour/essence which replaces the ingredient with caffeine in it.

        Decaf definitely has caffeine, as I’ve completely without caffeine at several points for several months (even avoiding chocolate mostly) and a “decaffeinated” beverage still made me clearly stimulated. A clear caffeine high.

        NileRed has a nice video on him trying to decaf redbull and while he does succeed in extracting caffeine from it, he thinks it’s not even half he gets out. Ofc industrial systems are more effective, but it shows how difficult the process is to perfect. https://youtu.be/oY8tz1paj6o

        • @[email protected]
          link
          fedilink
          English
          245 months ago

          We’ve had caffeine-free Coke for years in the US. The difference is that the caffeine in Coke is added during manufacturing, so it’s easy to just leave out. Whereas the caffeine in coffee is naturally occurring, so needs to be removed to make it decaf, and just like in the NileRed video, it’s impossible to remove all of the caffeine.

          • @Dasus
            link
            45 months ago

            We’ve had caffeine-free Coke for years in the US.

            You’re not kidding. I googled it and it’s been a thing since the mid 80’s, lol. No idea why they only decided to sell some here in honestly the past year or two.

        • @[email protected]
          link
          fedilink
          45 months ago

          Well, based on the principles of homeopathy, you made the coffee more powerful by diluting the amount of caffeine.

          Lol

    • @PlantJam
      link
      225 months ago

      Calm down there Panera.

  • @[email protected]
    link
    fedilink
    1305 months ago

    Boneless is a “cooking style?” No. It’s which bag of chicken I pull out of the freezer before I even turn the oven on. I’m not going to sous vide the fucking bones out of my wings.

    If the restaurant is deboning wings to order, fine. I’ll accept that. But then that shit had better be on the menu so I know to be careful.

    • @[email protected]
      link
      fedilink
      205 months ago

      Boneless wings are usually breaded chunks of rib meat, not actually wings at all. Sometimes a cooking style starts with cutting raw meat off of bones and into don’t-call-them-nuggets.

      • @[email protected]
        link
        fedilink
        9
        edit-2
        5 months ago

        So they’re not boneless, and they’re not wings… Yet it’s the customer’s fault for not knowing exactly what they’re eating?

        Hmmm, I wonder why they didn’t know… Could it be the blatant lies on the packaging?

        • @[email protected]
          link
          fedilink
          45 months ago

          It’s just how the industry markets chicken nuggets to adults “these aren’t children’s chicken nuggets, they’re BONELESS WINGS for manly men who enjoy suicide hot sauce”

          • @[email protected]
            link
            fedilink
            1
            edit-2
            5 months ago

            I am aware that it’s how they do it. What I’m saying is, I dunno, maybe they shouldn’t? Or more specifically, maybe we shouldn’t let them.

            I think I’d be just fine if I went the rest of my life eating only non-blended chicken.

  • @Dasus
    link
    955 months ago

    Would this logic extend to products labeled “alcohol-free”?

    “Everyone knows beer has alcohol in it.”

    • Flying Squid
      link
      455 months ago

      I’d be more worried about a product claiming it has no peanuts in it now.

    • @[email protected]
      link
      fedilink
      11
      edit-2
      5 months ago

      Just wait until you hear about “synthetic” motor oil.

      (It’s been made from regular petroleum sources for a long time. It was argued in court that “synthetic” refers to a certain level of quality, not that it’s actually built synthetically from something other than oil out of the ground.)

    • Suzune
      link
      fedilink
      105 months ago

      Everyone knows Kinder Surprise eggs have a surprise inside. And show me anyone who can swallow that accidentally btw.

    • @[email protected]
      link
      fedilink
      75 months ago

      Sounds like the same logic ought to be extended to the Ohio Supreme Court. Might come in handy at the federal level, too.

      • @deltapi
        link
        65 months ago

        “Everyone knows the court has corruption in it”

    • @EtherWhack
      link
      65 months ago

      Anything less than 0.5%abv, I think. (Unless, non-alcoholic is classed different)

      • @Dasus
        link
        125 months ago

        I wouldn’t know about US regulations. Just annoyed by laws which allow corporations to more or less straight up lie, be they in my country or not.

        I’m pretty sure alc-free here in Finland is at most like 0.1%, low-alc (as in not counted as a regulated alcoholic beverage in regards to laws) is anything 2.9% and under.

        • @TBi
          link
          55 months ago

          I think part of it is that you honestly can’t say anything is “x” free. As long as the company has done due diligence and there is as little as possible then I’m ok with it.

          If it’s used as a get out of jail card for bad practice then I’m against it.

          • @[email protected]
            link
            fedilink
            2
            edit-2
            5 months ago

            Especially with alcohol. Anything with sugar will have at least a tiny amount of it ferment into alcohol. This is also why 0% BAC driving laws are nonsense.

            That said, 0.1% might be perfectly reasonable over 0.5%.

        • @EtherWhack
          link
          45 months ago

          True. The suffix -free has had so much liberal (not the party) use that when manufacturers use it, it now just means there isn’t enough for most people to detect/respond to it.

          Now if someone none the wiser with an allergy or particularly strong sensitivity to something were to try that something, they get a trip to the ER.

          About the limits in the US. Meandering through a store during a heat wave, I saw that the upper limit appears to be half a percent. Meaning you still could get buzzed ,just would be peeing more; a lot more.

          https://oneclubsober.com/beer-articles/can-you-buy-non-alcoholic-beer-under-21/

    • @[email protected]
      link
      fedilink
      -76
      edit-2
      5 months ago

      Some fat ass doesn’t chew his food and suddenly corporations win? You can never have perfection with organic products. What exactly do you want done to guarantee meat from a boned animal isn’t left in the meat? And how much will it cost to do it, and are you willing to pay for it?

      *I’m glad Ohio judges are more intelligent than most of you all.

      • @jpreston2005
        link
        345 months ago

        boneless wings cost more, because the bone and gristle is removed. You’re paying extra for that removal. if it’s not done, then the FDA says you’re not allowed to call it boneless.

        • @[email protected]
          link
          fedilink
          -305 months ago

          They’re from an entirely different part of the bird is why they don’t cost the same. They also don’t always cost more.

      • @pyre
        link
        27
        edit-2
        5 months ago

        why do you even worry about it, this doesn’t interfere with your boot diet.

      • @theherk
        link
        275 months ago

        What kind of hail corporate nonsense is this? Either call it “fewer bones” or have it be without bones. I don’t expect it to be a certain price but I expect boneless chicken to be just as boneless as it is chicken.

      • @[email protected]
        link
        fedilink
        165 months ago

        You should expect what you are paying for. They did pay for boneless, so they were willing to do so. Everything else ranges from false advertisement to negligence

      • @SmilingSolaris
        link
        165 months ago

        I hope you choke on chicken bone while reading The Jungle. I hope for your last moments to be ironic.

          • @SmilingSolaris
            link
            145 months ago

            Then break a tooth when you bite too hard on a “boneless chicken”

            Or what, you gonna say you chew slowly too?

            It’s actually kinda fucking insane of you to take the side of “business should be allowed to flat out lie to you, even after it almost kills someone”. Maybe talk with a psychiatrist about your lack of empathy. There’s probably a diagnosis for your level of sociopathy

              • @SmilingSolaris
                link
                65 months ago

                Legality isn’t morality, if your only defence to a moral charge is that it is legal then you are a wannabe slave owner born to the wrong time. Scum.

              • @pyre
                link
                45 months ago

                “appeal to republican judges” has to be the worst variant of appeal to authority.

      • @yamanii
        link
        135 months ago

        I’m sure the restaurant stealing wages by making tips necessary can afford it.

      • @Freefall
        link
        95 months ago

        That’s a pretty ignorant take. "thing"less means without “thing”. Boneless means without bones. Without means there isn’t ANY in something.

        THEIR process, which is not the customer’s problem to solve, should guarantee there are no bones left in any product labeled “boneless”, because that is how words and companies work…

        You cost statement is irrelevant. It’s capitalism, baby! You make boneless stuff as advertised and set the price at what the market will accept. If your company can’t make “BONELESS” wings, then you don’t get to sell them until you figure out a cost effective way of doing it. Use a different word that isn’t a complete lie.

        Judges can be bought and make stupid calls that only morons support…see also SCOTUS.

      • @[email protected]
        link
        fedilink
        85 months ago

        And how much will it cost to do it, and are you willing to pay for it?

        We are paying for it already. Now they can reduce their costs while keeping the price the same.

      • @Modern_medicine_isnt
        link
        35 months ago

        You can argue about if the guy should have noticed or not, that would be a factor in what he was awarded. But the lack of quality control needs to be addressed. This wasn’t a small bone, it was over an inch long. I am sure they have better ways, but sonic waves like a sonogram should be able to automatically detect that bone. And it’s very cheap. If your process doesn’t have a way to check for bones you just can’t call it boneless. Simple as that. If you have a way, and it misses a tiny tiny bone, that is one thing, but that is not what happened here. Also, the court system is messed up. If he hadn’t been injured, then he wouldn’t have been able to bring the case. You have to show your standing, as in your lose, to bring the case. And if it is below a certain amount you can only go to small claims court. So there could be bones in everyone of those boneless chicken wings. But until some one suffers enough financial loss, they can’t sue. That is why the specific individual doesn’t really matter here.

  • @[email protected]
    link
    fedilink
    735 months ago

    So just like all those “unlimited” phone plans with limits, “free” trials that require a credit card number and “lifetime” warranties that expire after a few years? Cool. Cool cool cool…

  • @jpreston2005
    link
    655 months ago

    So amazingly stupid. The conservative justic’s “logic” here is a case-study in failing upwards. He tries to say that “nobody would think that chicken fingers are actual fingers.” Like, chicken fingers is a colloquial name, and is not the same as a fuckin descriptor adjective. He might as well say that dairy-free ice cream can have dairy in it, because “no reasonable person would think ice cream wouldn’t have dairy in it.”

    what a joke. This brought to you by the same supreme court that has ruled against the will of Ohio voters who voted for an anti-gerrymandering bill, just to have a republican led commission drag it’s feet, presenting identical maps, and instead of allowing the usage of an actual fair map, they just threw the baby out with bathwater, leaving in place the terrible gerrymandered maps that heavily favor republicans till 2030.

    Just another reason I’ll never move back to my home state. conservatives ruined it.

  • @expatriado
    link
    625 months ago

    under new supreme court ruling, if you sell boneless chicken with bones, you aren’t wrong, just an asshole

  • @pyre
    link
    555 months ago

    can’t wait for this to apply to gluten free, sugar free, nut free products. people can die from this shit.

    • @[email protected]
      link
      fedilink
      05 months ago

      Seems to me that a defense attorney would have a rather more difficult time claiming that “gluten free” is a cooking style, and that x food contains gluten by definition.

      On the other hand, this via Ohio, so… Such a holding wouldn’t particularly shock me either.

  • @[email protected]
    link
    fedilink
    435 months ago

    If I order boneless wings, and I get bones, I’m getting my fucking money back and not eating at that establishment ever again.

  • Chaotic Entropy
    link
    fedilink
    English
    335 months ago

    So… no company is beholden to anything that they say? Is that the gist…?

    • @[email protected]
      link
      fedilink
      13
      edit-2
      5 months ago

      Pretty much. The correct outcome of every case is the one that benefits capital the most. Our current national Supreme Court has demonstrated that precedence can be ignored when convenient. They basically signaled to every other judge in the country that this kind of shit is fine.

      Start with the decision and work backwards. Just make some shit up, nobody will do anything about it anyway.

  • @[email protected]
    link
    fedilink
    335 months ago

    That’s fucking ridiculous though I think it’s perfectly fair for s restaurant not to be ultimately liable. This case feels like a gimmie to Perdue/Tyson to dodge any accountability for their bargin bin meat farming operations.

  • @frunch
    link
    325 months ago

    I’m gonna assume this is one of the Project 2025 legislations

  • @undergroundoverground
    link
    295 months ago

    I don’t know why but it reminds me of an American friend I had who couldn’t beleive we didn’t have limits on the amount maggots/maggots eggs allowed in fruit juice.

    They refused to drink any fruit juice here until it had to be explained to them that the reason that there’s no acceptable limit on maggots/maggots eggs in our fruit juice is because ANY amount of maggot is over the acceptable amount.

    Not their fault of course. We only know what we’re used to.

    • @[email protected]
      link
      fedilink
      165 months ago

      That doesn’t sound right. How can you guarantee zero fly/fruit fly eggs in something like orange juice with pulp. Fly eggs are tiny and can be found on fresh fruit skins even on the trees. Certain juices preclude the kind of filtration that could be used to achieve 100% fruit fly egg removal. I don’t know anything about European food regulations, but from a practical perspective it seems impossible to guarantee ZERO fruit fly egg contamination. Especially considering Europe tends to be more flexible with insects in food than the US such as Casu martzu.

      I suspect if there really is no max insect parts limit, there is a procedural requirement that ensures contamination is kept low.

      • @undergroundoverground
        link
        -5
        edit-2
        5 months ago

        Thats probably because I never said its provably 100% free. So, no wonder it didn’t sound right.

        I said no detectable level is acceptable. If you detect any in there, its bad.

        • @[email protected]
          link
          fedilink
          25 months ago

          We can detect single eggs. But they’re not putting the whole juice supply under the microscope, one slide at a time. So, it seems you’re saying “we don’t check”.

          • @undergroundoverground
            link
            15 months ago

            Much like the whole “kills 99.9% of bacteria” its nearly to impossible prove beyond any doubt that all of something is completely, 100% devoid of something else in all instances. Being able to detect one egg or not isn’t the problem here.

            Its like you want to find something wrong with what was said so bad that you didn’t fully pay attention to it.

  • @Sam_Bass
    link
    285 months ago

    Its getting where courts at every level are running contrary to logic and justice.

    • @Burn_The_Right
      link
      115 months ago

      Courts have become infested with conservatives.