this post was submitted on 26 Jul 2024
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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.

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[–] [email protected] 191 points 1 month ago* (last edited 1 month ago) (2 children)

"Decaf coffee"

It actually has 300000mg of caffeine

"It's well known that coffee has caffeine in it. Skill issue."

[–] [email protected] 113 points 1 month ago (5 children)

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] 49 points 1 month ago* (last edited 1 month ago) (3 children)

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"

[–] [email protected] 11 points 1 month ago (1 children)

These judges have been bought by our corporate overlords.

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[–] [email protected] 22 points 1 month ago

Calm down there Panera.

[–] MagicShel 130 points 1 month ago (1 children)

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] 20 points 1 month ago (4 children)

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.

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[–] [email protected] 95 points 1 month ago (10 children)

Would this logic extend to products labeled "alcohol-free"?

"Everyone knows beer has alcohol in it."

[–] [email protected] 44 points 1 month ago

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

[–] [email protected] 11 points 1 month ago* (last edited 1 month 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.)

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[–] [email protected] 90 points 1 month ago (19 children)

Ahh yes, another court in the pocket of corporations.

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[–] [email protected] 73 points 1 month 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...

[–] [email protected] 65 points 1 month 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.

[–] [email protected] 62 points 1 month ago (3 children)

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

[–] [email protected] 13 points 1 month ago

Not even an asshole, just an ineffective cook

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[–] [email protected] 55 points 1 month ago (1 children)

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

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[–] [email protected] 43 points 1 month ago (1 children)

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

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[–] [email protected] 34 points 1 month ago (8 children)

Buffalo wings aren't made from real Buffalo, either. Hell, most Buffalo can't even fly.

[–] [email protected] 14 points 1 month ago (1 children)

Don't get me started on Rocky Mountain Oysters

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[–] [email protected] 33 points 1 month ago (1 children)

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

[–] [email protected] 13 points 1 month ago* (last edited 1 month 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] 33 points 1 month 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.

[–] [email protected] 32 points 1 month ago

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

[–] [email protected] 29 points 1 month ago (2 children)

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] 16 points 1 month ago (3 children)

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.

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[–] [email protected] 28 points 1 month ago* (last edited 1 month ago) (6 children)

What is the difference between chicken nuggets and boneless wings? The article mentions that boneless wings are 'of course' nuggets of breast meat.

I wonder if they'd have agreed that nuggets can have bones too?

[–] [email protected] 40 points 1 month ago (2 children)

One of the justices literally writes about that. In this article.

“The question must be asked: Does anyone really believe that the parents in this country who feed their young children boneless wings or chicken tenders or chicken nuggets or chicken fingers expect bones to be in the chicken? Of course they don’t,” Justice Michael P. Donnelly wrote in dissent.

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[–] [email protected] 11 points 1 month ago (9 children)

Usually a boneless wing is a chunk of meat, with identifiable meat fibers and such. Just a breaded and fried chunk of breast. Whereas chicken nuggets are usually made from ground chicken, often molded into a few different shapes.

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[–] [email protected] 28 points 1 month ago (1 children)

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

[–] [email protected] 11 points 1 month ago

Courts have become infested with conservatives.

[–] [email protected] 23 points 1 month ago (2 children)

Slavery is freedom. War is peace. Boneless pizza can now have bones.

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[–] [email protected] 20 points 1 month ago (3 children)

The Ohio Supreme Court's decision to allow chicken wings advertised as 'boneless' to contain bones warrants an examination of the principles underlying voluntary exchanges and the protection of consumer rights. When individuals engage in transactions, the terms and descriptions presented are expected to be accurate, fostering trust and informed decision-making. An advertisement promising 'boneless' wings that includes bones disrupts this trust, introducing an element of deception.

For a marketplace to function effectively, it is essential that representations made in the course of business transactions are truthful. Consumers rely on these representations to make choices that align with their preferences and expectations. If these expectations are systematically violated, the very foundation of voluntary exchange is compromised.

Thus, the court's role in addressing such issues is to ensure that the transactional environment remains transparent and honest. By upholding standards against misleading advertisements, the court helps maintain the integrity of voluntary exchanges, allowing individuals to engage in transactions free from coercion and deceit.

[–] [email protected] 16 points 1 month ago (1 children)

You can't expect the new car you purchased to be new.

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[–] [email protected] 17 points 1 month ago* (last edited 1 month ago) (6 children)

So boneless wings can have bones.. But do boned wings still have to have bones? I am a boneless wing enjoyer and I hate bone wings. Why waste all that effort eating around the bones when you can just not?

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[–] [email protected] 16 points 1 month ago (1 children)

So what then is the difference between the boneless chicken wing cooking style and normal chicken wing cooking style? If it starts with "take a piece of chicken meat without any bones", then what stops this line of argument from saying that it doesn't matter how well they follow the recipe and thus restaurants can serve whatever they want to meet any order and then just say "we were following the (name of food) cooking style, not promising that, and are just bad at following that style or made up our own version"?

On a related note, how are judges determined to be qualified to make any decision? Are they supposed to be fair and intelligent, or just do their best to judge things in a fair and intelligent style?

That said, there was a bit of a fluke involved to have the bone go down the wrong way and also him not even notice for a few days. IMO in a proper decision, the restaurant shouldn't have been fully liable for this incident, though they should have had some liability for that bone. And then some of that liability might be passed on to whoever provided them with the "boneless" chicken meat.

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[–] [email protected] 14 points 1 month ago (11 children)

Did the restaurant just screw up the order, or was this some process deficiency with the deboner?

[–] [email protected] 13 points 1 month ago

yes, customer got boned at a restaurant and in court

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[–] [email protected] 12 points 1 month ago (1 children)

We are talking chicken, not fish, right?

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[–] [email protected] 11 points 1 month ago (1 children)

More lies from the saucy nugs

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[–] [email protected] 11 points 1 month ago (6 children)

On one hand, I accept that a boneless chicken wing has a tiny chance of containing some amount of bone, and can see where suing a restaurant over it, even if you injure yourself eating it, is a bit frivolous. Boneless chicken wings did come from a chicken with bones in it, and it's weird to complain that the chicken wasn't made into completely homogeneous pink slime before being turned into a nugget...

I don't understand, however, how this made it to the state Supreme Court, resulting in this decision, which seemingly allows restaurants to outright lie about what they are serving.

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