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Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides (apnews.com)

submitted 1 month ago by [email protected] to c/[email protected]

158 comments fedilink hide all child comments

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] 11 points 1 month ago (2 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.

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

It would be trivial and inexpensive to use an x-ray to check for bones and fragments.

[–] [email protected] 4 points 1 month ago (1 children)

I’m going to need a lot more details before this stops sounding like the craziest idea I’ve heard all month.

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

X-ray machines are extremely common in industrial inspection processes. https://www.cassel-inspection.com/x-ray-inspection-machine

X-ray would be ideal to spot bone because there's huge contrast. That's why you get an x-ray for bones, opposed to an MRI which would be used for soft tissues.

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

Sure, verifying chicken is deboned before it leaves the factory makes more sense than installing x-ray machines at every pizzeria.

[–] [email protected] 3 points 1 month ago* (last edited 1 month ago)

I never proposed doing it at every pizzeria. Production facilities where they make boneless wings in bulk. A human might not even be involved.

But yeah, if the human leaves a bone in the chicken, they're doing their job wrong..

[–] [email protected] 9 points 1 month ago

Boneless chicken wings did come from a chicken with bones in it,

Sure but then someone prepared the chicken and decided that the outcome can be described as boneless. Personally, I would also expect the bones to have been removed.
You can debone chicken without turning it into pink slime.
I'd rather expect it to be made from another part of the chicken in the style of wings.

[–] [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.

[–] [email protected] 3 points 1 month ago

I don't think you can easily judge a judge. Once you get the job, which very few do as you have to go for an additional degree for two years after law school, you'd have to really fuck up to lose your job.

Only the government/state can impeach a judge by popular vote of the officials. But there is no clear legal ground for this, it can only happen when they feel like it, or when there is evidence for criminal activity, bribery, which any serious individual can get away with pretty easily, or for a grossly immoral decision and a public outrage for that. That's why it's so rare.

[–] [email protected] 3 points 1 month ago

Here I was hoping it'd be about using bonemeal in shit like nuggies or hot dogs. RIP.

[–] [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.

[–] [email protected] 6 points 1 month ago

Not full bones, though. Just shards of bone that can seriously injure you

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

[–] [email protected] 10 points 1 month ago (2 children)

Boneless "wings" aren't actually wings. They are cubes of white meat.

[–] [email protected] 15 points 1 month ago (1 children)

And almond milk isn't actually milked from almond tiddies

And wait until you learn about baby oil

[–] [email protected] 3 points 1 month ago

And almond milk isn’t actually milked from almond tiddies

And if you had asked why anyone would go through the effort of milking a cow when almond milk exists, I'd give you a similar answer: they are different things.

[–] [email protected] 0 points 1 month ago* (last edited 1 month ago) (2 children)

Don't care, it's still the superior chicken nugget form factor because it's delicious and less tedious to deal with. I doubt boned chicken wings are 100% pure shenanigan-free meat anyway. Tbf, even if someone shows me reputable scientific sources saying boned wing meat is a zillion times more healthy or something, boneless chicken is far too good to give up.

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

I like bone in wings usually because I prefer dark meat but I will also order boneless sometimes when I want the convenience. I prefer options mostly I guess. I get bones in food that is boneless several times a year though. I will have a Jimmy Dean breakfast thing for breakfast a few times a week and I eat them gently because at least one of those per package will have a bone fragment in it. I just had a turkey sandwich last week I made from deli meat and it had a bone fragment in it. I’ve sent feedback and UPC’s get responses that they would check quality control yada yada and sent coupons. I don’t bother anymore, I was letting them know because it fucking hurt my tooth and was hoping it would get fixed. I still have two little bone fragments sitting on my desk I need to toss out now that I think about them. I usually let them sit on my desk for a few days so I can glare at them in disappointment while I’m working.

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

I wasn't specifying which I think is better because that's irrelevant. You asked why anyone would want one over the other. I'm just pointing out that it is because despite both being varieties of fried chicken, they are actually completely different things.

If you care about my opinion, I'd rather have boneless most of the time but I enjoy both.

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