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.

  • cosmicrookie@lemmy.world
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    2 months ago

    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?

    • sudo@lemmy.today
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      2 months ago

      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.

    • bamboo@lemm.ee
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      2 months ago

      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.

        • ColeSloth@discuss.tchncs.de
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          2 months ago

          And just to mention further, nuggets ground chicken meat often contain bones, tendons, nerves, fat, and other chicken junk.

          Now I will mention that McDonald’s and Wendy’s and other fast food places claim their nuggets are only made of chicken meat. Your mileage may vary. Nuggets are like hotdogs.

          • Railcar8095@lemm.ee
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            2 months ago

            To be clear, “meat” is 99% of what’s not bones. Tendons, skin, fat, nerves… All that is meat. If they don’t mention which cut, assume it’s “all”.

            I don’t really think that’s bad. If you’re going to breed animals, you might as well use it to it’s full extend for human consumption.

            • ColeSloth@discuss.tchncs.de
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              2 months ago

              Your definition of meat is in a very gray area of definition. In fact, by most definitions I could say yours is incorrect. Either by stating that since bone is edible, it is also meat. Or that meat is considered only what is inside the skin. Or by saying that is isn’t meat since it’s not muscle. Or by saying that animals aren’t the only things that have meat.

                • ColeSloth@discuss.tchncs.de
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                  2 months ago

                  “Legal” definition changes by every country. The US, for instance has two different levels for what constitutes “meat” depending on how its obtained. Normal cuts of meat, which does not include organs or a lot of other things, and the “mechanically separated meat” which does include those things. This varies even more on a state level in some cases.

                  Long story short, your legal definition is only good for your country you provide it from (UK, in your case) and it doesn’t mean jack shit anywhere else.

  • expatriado@lemmy.world
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    2 months ago

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

  • Sam_Bass@lemmy.world
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    2 months ago

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

  • Buddahriffic@lemmy.world
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    2 months ago

    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.

    • sweetpotato@lemmy.ml
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      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.

  • Dasus@lemmy.world
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    2 months ago

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

    “Everyone knows beer has alcohol in it.”

      • Dasus@lemmy.world
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        2 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.

        • EtherWhack@lemmy.world
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          2 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/

        • TBi@lemmy.world
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          2 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.

          • frezik@midwest.social
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            2 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%.

    • Suzune@ani.social
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      2 months ago

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

    • naughtyguy17@lemmynsfw.com
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      2 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.

    • frezik@midwest.social
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      2 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.)

  • TunaCowboy@lemmy.world
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    2 months ago

    If you choose boneless wings over the boney delicious alternative you kind of have it coming.

      • TunaCowboy@lemmy.world
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        2 months ago

        Thanks for the pep talk! Don’t worry, your mom will still be able to buy you dino chicken nuggies so you have something to eat while fucking your onahole.

        • nforminvasion@lemmy.world
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          I overreacted and deleted that comment. But apparently not. I realizes after writing it, it was dumb. Now everytime I click delete it says “delete failed”

    • Avid Amoeba@lemmy.ca
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      2 months ago

      I’ve always assumed boneless chicken wings are some sort of a scam. Then ordered once and discovered they’re not wings at all but pieces of chicken breast. Or a scam, since a breast taste differently than a wing. Do they actually remove the bones from wings somewhere?

      • Jerkface@lemmy.world
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        2 months ago

        I don’t know, but if I were to venture a guess I would say they are made from dark meat that’s harder to sell than the wing. Just glue it together and frame it as an upgrade. $12 plate is now $20.

      • halcyoncmdr@lemmy.world
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        2 months ago

        No it’s literally just various pieces of meat cut up onto roughly wing-sized pieces. Bigger than popcorn chicken, smaller than tenders.

    • Skates@feddit.nl
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      2 months ago

      If you choose boney chicken wings over sucking dick three times of day for delicious human protein, you too should be stabbed in the throat.

      I wonder how in the fuck some people just wake up one day and decide to themselves “today I’m gonna be retarded”.

      • TunaCowboy@lemmy.world
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        2 months ago

        today I’m gonna be retarded

        Bunch of NEETs can’t recognize a joke when they see one, but yes I’m the one who is 'tarded.

        Additionally, I’m totally ok with sucking dick for protein.

  • SSTF@lemmy.world
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    “Decaf coffee”

    It actually has 300000mg of caffeine

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

    • BedbugCutlefish@lemmy.world
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      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

      • Dasus@lemmy.world
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        2 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

        • prole@lemmy.blahaj.zone
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          2 months ago

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

          Lol

        • lone_faerie@lemmy.blahaj.zone
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          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@lemmy.world
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            2 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.

      • phx@lemmy.ca
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        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”

  • mkwt@lemmy.world
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    2 months ago

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

    • EmpathicVagrant@lemmy.world
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      A child probably got killed or maimed cleaning the deboning machines in the slaughterhouse, and we can’t have that affecting profits!

    • catloaf@lemm.ee
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      I don’t know what the boneless tender machine looks like, but no process is 100% effective, so it’s entirely possible for a bit of bone to make it through. Usually, that’s acceptable, because you find it while chewing and remove it. In this case, it was a dangerously-shaped piece of bone, and it ended up in his respiratory system and caused significant illness.

      Honestly, I’m not sure that he has a case, since it really is acceptable for some bone to be present. That it ended up poorly for him isn’t really the company’s fault.

      In an ideal system, his medical costs would be covered by universal healthcare, and he wouldn’t have to worry about paying bills or losing his job while out sick through no fault of his own. He shouldn’t need to sue for those costs. (And if he’s just looking for a payday lawsuit, then fuck that guy and his lawyer.)

      • halcyoncmdr@lemmy.world
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        The bone was nearly 1.5 inches long. It wasn’t just a bit of bone. It was basically the size of some bone-in wings.

    • Artyom@lemm.ee
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      Boneless chicken isn’t just deboned, it’s shredded and mashed. Since it’s basically manufacturing chicken, there is a guaranteed nonzero margin of error. It’s the correct ruling, there’s no way any company could guarantee the complete absence of bones that were mixed in with the ingredients. I’m more surprised this doesn’t happen more often.

      • prole@lemmy.blahaj.zone
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        there’s no way any company could guarantee the complete absence of bones that were mixed in with the ingredients.

        And this is acceptable to you? Perhaps corporations shouldn’t be permitted to sell a product if they cannot guarantee that it won’t kill an otherwise healthy, allergy-free person.

        Radical thought, I know…

        This is a perfectly avoidable problem. But profits are more important than human lives, so nope. They’ll continue throwing every little scrap onto a blender to make sure they’re squeezing every cent out of their miserable factory farmed chicken

        • Artyom@lemm.ee
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          I’m not exaggerating when I saw literally every product has an acceptable percentage of defecting products that can make it to shelves before it’s not okay. There isn’t a product in the world that has a 0% risk. It’s just something you need to accept and negotiate on how many defective products are acceptable.

          • prole@lemmy.blahaj.zone
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            You’re so capital-brained that you can’t even grasp the concept of regulations to mitigate risk until it’s essentially zero. This isn’t some impossible task, you just think corporations’ profit margins are more important than human lives. That’s truly what it comes down to.

            There isn’t a product in the world that has a 0% risk.

            That’s fucking absurd.

            • Artyom@lemm.ee
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              We were talking about bones in boneless chicken wings. When’s the last time you heard of that happening in any context? Do you anticipate hearing another story about it ever again in your life?

              That’s fucking absurd

              I noticed that you didn’t happen to name any…

              • prole@lemmy.blahaj.zone
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                It’s literally the same thing as the McDonald’s hot coffee thing.

                “Everyone knows coffee is hot so it’s her fault” right?

                Well no, turns out the case was a lot more nuanced than that, and she 100% deserved to win.

                You think you made a point because no matter what product I name, you can come up with some creatively stupid way that a human could theoretically hurt themselves with it. All that says is that you’re a creative person. Congrats.

                • Artyom@lemm.ee
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                  2 months ago

                  The hot coffee incident was a known issue with their machines. Management had been made aware and was intentionally negligent. An incident was inevitable.

                  No one had any way of suspecting there was a bone in the chicken wing, the customer didn’t even notice. Who are you trying to assign blame to?

  • undergroundoverground@lemmy.world
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    2 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.

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      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@lemmy.world
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        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.

        • interdimensionalmeme@lemmy.ml
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          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@lemmy.world
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            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.