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submitted 3 months ago by MicroWave@lemmy.world to c/news@lemmy.world

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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[-] setsneedtofeed@lemmy.world 184 points 3 months ago* (last edited 3 months ago)

"Decaf coffee"

It actually has 300000mg of caffeine

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

[-] BedbugCutlefish@lemmy.world 109 points 3 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

[-] phx@lemmy.ca 48 points 3 months ago* (last edited 3 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"

[-] Sir_Kevin@lemmy.dbzer0.com 11 points 3 months ago

These judges have been bought by our corporate overlords.

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[-] Dasus@lemmy.world 7 points 3 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

[-] lone_faerie 24 points 3 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.

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[-] PlantJam@lemmy.world 21 points 3 months ago

Calm down there Panera.

[-] MagicShel@programming.dev 127 points 3 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.

[-] Mouselemming@sh.itjust.works 20 points 3 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.

[-] prole 9 points 3 months ago* (last edited 3 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?

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[-] Dasus@lemmy.world 91 points 3 months ago

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

"Everyone knows beer has alcohol in it."

[-] FlyingSquid@lemmy.world 43 points 3 months ago

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

[-] frezik@midwest.social 11 points 3 months ago* (last edited 3 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@ani.social 10 points 3 months ago

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

[-] EtherWhack@lemmy.world 7 points 3 months ago

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

[-] Dasus@lemmy.world 12 points 3 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.

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[-] radivojevic@discuss.online 90 points 3 months ago

Ahh yes, another court in the pocket of corporations.

[-] doctortofu@reddthat.com 70 points 3 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@lemmy.world 61 points 3 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@lemmy.world 59 points 3 months ago

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

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[-] pyre@lemmy.world 54 points 3 months ago

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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[-] Biggles@lemmy.myserv.one 38 points 3 months ago

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

[-] Cheradenine@sh.itjust.works 14 points 3 months ago

Don't get me started on Rocky Mountain Oysters

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[-] dohpaz42@lemmy.world 10 points 3 months ago

I hope you’re joking. Otherwise, you’re why boneless chicken wings can still have bones. 💀

Like the Hamburger, it has nothing to do with what’s in the food, but rather where they came from originally.

[-] catloaf@lemm.ee 17 points 3 months ago

Oh yes, the Boneless region of France

[-] darkdemize@sh.itjust.works 13 points 3 months ago

If they don't come from the Boneless region, they're just sparkling nuggets.

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[-] undergroundoverground@lemmy.world 34 points 3 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.

[-] Hacksaw@lemmy.ca 17 points 3 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@lemmy.world 5 points 3 months ago* (last edited 3 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.

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[-] xmunk@sh.itjust.works 33 points 3 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.

[-] ChaoticEntropy@feddit.uk 31 points 3 months ago

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

[-] prole 13 points 3 months ago* (last edited 3 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.

[-] frunch@lemmy.world 29 points 3 months ago

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

[-] nforminvasion@lemmy.world 21 points 3 months ago

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

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[-] Buddahriffic@lemmy.world 16 points 3 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.

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[-] mkwt@lemmy.world 13 points 3 months ago

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

[-] expatriado@lemmy.world 12 points 3 months ago

yes, customer got boned at a restaurant and in court

[-] EmpathicVagrant@lemmy.world 11 points 3 months ago

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 10 points 3 months ago

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.)

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[-] Artyom@lemm.ee 9 points 3 months ago

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.

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[-] lone_faerie 7 points 3 months ago

deboner

That's what I call my estrogen pills

[-] MonkderVierte@lemmy.ml 11 points 3 months ago

We are talking chicken, not fish, right?

[-] todd_bonzalez@lemm.ee 11 points 3 months ago

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.

[-] geissi@feddit.org 11 points 3 months 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.

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[-] TunaCowboy@lemmy.world 9 points 3 months ago

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

[-] avidamoeba@lemmy.ca 7 points 3 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?

[-] halcyoncmdr@lemmy.world 5 points 3 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.

[-] Jerkface@lemmy.world 5 points 3 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.

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[-] RandomStickman@kbin.run 9 points 3 months ago

More lies from the saucy nugs

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[-] Junkhead@slrpnk.net 5 points 3 months ago

this is pressing political issues THAT ACTUALLY FUCKING MATTER RAHHHHHHH

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this post was submitted on 26 Jul 2024
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