An Illinois man who filed a class action lawsuit against Buffalo Wild Wings earlier this year claiming that the popular eatery was misleading customers over its boneless wings asked a judge not to dismiss the suit because it would reward the company for its hubris.
When he first filed the lawsuit in March, Aimen Halim claimed that the chain was guilty of “deceptive marketing” and that “the Products are not wings at all, but instead, slices of chicken breast meat deep-fried like wings. Indeed, the Products are more akin, in composition, to a chicken nugget rather than a chicken wing,” according to the filing.
“This clear-cut case of false advertising should not be permitted, as consumers should be able to rely on the plain meaning of a product’s name and receive what they are promised,” his lawsuit stated.
Halim, who has also filed a number of other similar lawsuits was greeted by mockery from the chain which took to social media to troll him over the frivolous action, stating that “We don’t give a s—,” in a May Instagram post on people who claim their “boneless wings aren’t wings” which followed a March rebuttal on Twitter that was similarly dismissive.
It’s true.
Our boneless wings are all white meat chicken.
Our hamburgers contain no ham.
Our buffalo wings are 0% buffalo.— Buffalo Wild Wings (@BWWings) March 13, 2023
“It’s true. Our boneless wings are all white meat chicken. Our hamburgers contain no ham. Our buffalo wings are 0% buffalo,” BWW said in its snarky tweet.
Now Halim is pleading with the judge to take his lawsuit seriously with it being reported that on Friday, his attorneys filed a response to the chain’s motion to dismiss the suit in which he is reportedly seeking over $9 million in damages.
In the filing which was reported by Insider, he claims that BWW could have changed its marketing of the boneless wings to advise customers that they weren’t made out of real wing meat.
“Instead, BWW decided to go low, issuing a brazen official response: ‘We don’t give a s—.,'” the filing says. “Such hubris should not be rewarded, especially when BWW’s motive is quite simple: profits.”
“A profit motive does not justify false advertising that puts the onus on consumers to ascertain whether the ‘Boneless Wings’ are actually boneless wings,” according to the filing.
(Video: YouTube/CBS Chicago)
Former federal prosecutor Neama Rahmani previously told the outlet that the class action claim was weak because in order to file such a suit, the damages must be “substantial.”
“You’re getting all white meat chicken breast,” said Rahmani. “Have you really suffered any damage?”
“Halim has also filed at least three other class-action lawsuits — claiming that the “natural” label on Tom’s Wicked Fresh Mouthwash and the ‘high in fiber’ label on Kind granola are inaccurate and that Hefty shouldn’t label its bags as ‘recycling bags’ because they are not recyclable. The Hefty case was dismissed in August,” Insider reported.
The chain has over 1,200 locations across all 50 U.S. states and Washington, D.C. as well as outlets in a number of other countries including Mexico, Saudi Arabia, the Philippines, and India.
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