Buffalo Wild Wings, also known as B-Dubs, is a popular restaurant chain known for its chicken wings served in a variety of sauces and flavors. However, in 2017, the company was hit with a lawsuit alleging false advertising over its boneless wings.
The Lawsuit Allegations
In June 2017, a federal class action lawsuit was filed in Florida against Buffalo Wild Wings by a customer named Alexander Dowd. The lawsuit claimed that the restaurant chain falsely advertised its boneless wings as being “100% chicken breast meat” when they actually contained other chicken parts besides breast meat.
Specifically, the lawsuit alleged that the boneless wings contained rib meat, tenders, and other non-breast chicken parts. This was determined through independent lab testing commissioned by the plaintiff. The complaint stated that customers were misled by the menu and advertising regarding the true chicken composition of the boneless wings.
The lawsuit asserted that by advertising the boneless wings as made from 100% premium breast meat, Buffalo Wild Wings charged a premium price for the product. Customers would not have been willing to pay that price if they knew the wings contained less desirable chicken parts, the lawsuit claimed.
Why the Chicken Content Matters
Chicken wing sections come from different parts of the chicken, each with their own characteristics:
- Wing section – Composed of three parts: the drumette, wingette, and wing tip
- Breast meat – From the chest area, it is white meat and is perceived as more premium
- Rib meat – Part of the rib section, it may be tougher and contain more fat
- Tender meat – From the tenderloin area, often sold on its own as chicken tenders
Customers are willing to pay more for white breast meat compared to darker rib, tender, and wing meat. Therefore, the inaccurate labeling of the boneless wings’ composition was considered misleading by the lawsuit.
What Buffalo Wild Wings Claimed
In its legal response, Buffalo Wild Wings asserted that its boneless wings do indeed contain 100% chicken breast meat, as advertised. The restaurant chain stated that the meat also goes through a tumbling process which may incorporate small amounts of rib meat or tenderloin for texture, but that the primary component is still breast meat.
Buffalo Wild Wings claimed the advertising and marketing for its boneless wings were truthful and not misleading to customers. They denied any intent to overcharge customers and disputed the lawsuit’s assertions.
How the Case Unfolded
The class action lawsuit against Buffalo Wild Wings was filed in the United States District Court for the Southern District of Florida. Some key events in the case timeline:
- June 2017 – Lawsuit initially filed
- August 2017 – Buffalo Wild Wings filed motion to dismiss
- January 2018 – Judge denied company’s motion to dismiss
- June 2018 – Plaintiff filed amended complaint
- July 2018 – Company filed another motion to dismiss
- March 2019 – Second motion to dismiss denied allowing case to move forward
The rulings kept the core lawsuit allegations alive despite the efforts by Buffalo Wild Wings to have the case thrown out. With the case allowed to proceed, the next steps would have involved discovery, depositions, and eventually a jury trial.
Settlement Reached
However, in late 2019 the parties agreed to settle the matter before trial. The terms of the settlement were approved by the court in 2020. The proposed settlement class included anyone in the US who purchased a boneless wing product from Buffalo Wild Wings from 2017 to 2019.
The highlights of the settlement agreement included:
- No admission of wrongdoing by Buffalo Wild Wings
- $3.5 million settlement fund
- Payments of up to $50 to class members with proof of purchase
- Up to $25 payments to those without proof of purchase
In exchange, class members had to relinquish claims against the restaurant chain over the advertising and composition of the boneless wings. Buffalo Wild Wings also agreed to make changes to its menu disclosures going forward.
Impact on the Company
While the lawsuit brought negative publicity, Buffalo Wild Wings did not admit liability in the settlement. The company stood by its claims that the boneless wings were truthfully advertised. However, the restaurant chain did agree to pay out millions of dollars to settle the case.
Some key effects on the company:
- Legal costs – Buffalo Wild Wings had to pay its own legal fees and the $3.5 million settlement fund
- Administrative costs – The settlement administration required notifications to class members and processing claims
- Public relations – There was negative PR surrounding the allegations of false advertising
- Changes to menus – New disclosures about the boneless wings’ composition were implemented
Despite the settlement, Buffalo Wild Wings maintained that it “adhered to all advertising laws” and that the nested meat in the boneless wings was “100% chicken” just as stated. While denying misconduct, the settlement did compel the chain to alter its menus going forward.
Conclusion
The lawsuit against Buffalo Wild Wings over the composition of its boneless wings brought attention to concerns over transparency in food advertising. While the matter was settled prior to trial, it highlighted the scrutiny that major restaurant chains face over their menu claims and nutrition information provided to customers.
The case also demonstrated that a single dissatisfied customer can potentially prompt a class action lawsuit if their complaint raises issues that may extend to a larger class of consumers. Even if the restaurant chain strongly denied the core allegations, it still ultimately found settling the lawsuit to be in its best interest from a financial and public relations standpoint.
Buffalo Wild Wings has moved past the 2017 lawsuit, but food transparency continues to be an important issue. The company’s commitment to providing clear and truthful information about its menu items can help build trust and avoid any similar advertising controversies in the future.