CHICAGO (Legal Newsline) - The lawyer trying to sue Buffalo Wild Wings because boneless wings are made out of breast meat has filed his second complaint, hoping to cure procedural issues that killed the first one.
Ruhandy Glezakos of Treehouse Law filed his amended complaint March 27 in Chicago federal court, weeks after making headlines for his theory of false advertising. He wants BWW held liable for calling boneless wings "wings" yet making them with breast meat.
"Indeed, the products are more akin, in composition, to a chicken nugget than to a chicken wing," the suit says.
"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."
BWW took to Twitter after the filing of the initial complaint to say "It's true. Our boneless wings are all white meat chicken. Our hamburgers contain no ham. Our buffalo wings are 0% buffalo."
Judge John Tharp told Glezakos his complaint needed to invoke subject-matter jurisdiction. The new complaint adds that BWW conducts and transacts substantial business in Illinois.
Plaintiff Aimen Halim said he bought boneless wings because he thought they would be actual wings deboned. He hails Domino's for calling its similar product "boneless chicken" and Papa John's for using the term "Chicken Poppers."
The suit seeks relief under the Illinois Consumer Fraud and Deceptive Business Practices Act, among other claims.
"Had Mr. Halim known that the products are not chicken wings, he would not have purchased them, or would have paid significantly less for them," the suit says.
"Therefore, Mr. Halim suffered a financial injury as a result of Defendants' false and deceptive conduct."