LIVE | Food Court - KitKat Heist. What's a wing?? Are Lay's Potato Chips, Potato?

Quick Read

A legal analyst dissects absurd food-related lawsuits, from the definition of a 'boneless wing' to a 12-ton Kit Kat heist, revealing the evolving standard of the 'reasonable consumer' and the intersection of law, marketing, and public perception.
A federal judge humorously dismissed a lawsuit claiming 'boneless wings' were deceptive, but the plaintiff refiled with consumer survey data.
Lay's Potato Chips underwent a major rebrand after 42% of consumers didn't know their chips came from potatoes.
A real 12-ton heist of F1-shaped Kit Kats in Italy sparked a social media marketing frenzy and a 'stolen Kit Kat tracker.'

Summary

This episode of 'Food Court' delves into several bizarre food-related legal cases and consumer controversies. Host Emily D. Baker analyzes a federal lawsuit against Buffalo Wild Wings, where a plaintiff claims deception over 'boneless wings' not being deboned chicken wings, highlighting the judge's witty dismissal and the plaintiff's subsequent refiling with survey data. The discussion extends to Lay's Potato Chips' massive rebranding effort, prompted by a survey revealing 42% of consumers didn't know their chips were made from potatoes. Finally, the episode covers a real-world 12-ton heist of limited-edition Formula 1 Kit Kats in Italy, detailing the social media frenzy and Kit Kat's strategic response, including a 'stolen Kit Kat tracker.' Throughout, Baker critiques the frivolousness of some lawsuits while emphasizing the importance of legitimate consumer protection.
This episode exposes the often-absurd realities of consumer protection law and its impact on businesses and the judicial system. It highlights how the 'reasonable consumer' standard is challenged by perceived common sense versus actual public understanding, influencing everything from product labeling to marketing strategies. For businesses, it underscores the critical need for clear communication and the potential for public relations pivots in the face of unexpected events. For consumers, it offers a look into the legal battles fought over everyday products and the fine line between legitimate grievance and frivolous litigation.

Takeaways

  • The Buffalo Wild Wings 'boneless wings' lawsuit, initiated by a serial plaintiff, claims consumers are deceived into believing they are deboned chicken wings, not breast meat.
  • A federal judge initially dismissed the 'boneless wings' case with witty legal language, including a Shakespeare quote and noting the complaint 'has no meat on its bones.'
  • The plaintiff in the Buffalo Wild Wings case refiled with survey data, alleging 43% of Illinois consumers believed 'boneless wings' contained only wing meat, potentially pushing the case toward discovery.
  • Lay's Potato Chips redesigned its packaging and branding to explicitly state 'made with real potatoes' after a 2021 survey found 42% of consumers were unaware of this fact.
  • A real 12-ton (400,000+ bars) heist of limited-edition Formula 1 car-shaped Kit Kats occurred in Italy, with thieves posing as law enforcement.
  • Kit Kat responded to the heist with a viral social media campaign, including a 'stolen Kit Kat tracker' on their website, allowing consumers to check if their bar is from the stolen batch.
  • The host critiques frivolous lawsuits that clog courts, contrasting them with valid cases like misleading 'reef safe' sunscreen claims or severe injury cases like the McDonald's hot coffee lawsuit.

Insights

1The 'Boneless Wings' Deception Lawsuit

A plaintiff sued Buffalo Wild Wings, alleging deception because their 'boneless wings' are made from chicken breast meat, not deboned chicken wings. The plaintiff, a serial litigant with 14+ similar lawsuits, claimed confusion and economic harm, stating they would have paid less or not purchased the product if they knew the truth.

The federal judge, John J. Tharp Jr., opened his memorandum opinion with 'What's in a name? If we call a wing by any other name, would it smell as sweet?' (). He further stated the 'complaint has no meat on its bones' (). The judge initially dismissed the claim, finding a reasonable consumer would not be deceived, citing the absurdity of applying the same logic to 'cauliflower wings' (). However, the plaintiff refiled with a survey showing 43% of Illinois consumers believed the product contained only wing meat ().

2Lay's Rebrands Due to Consumer Ignorance About Potatoes

Lay's Potato Chips undertook its biggest rebranding in nearly a century, redesigning packaging and recipes. This significant change was driven by a disturbing survey finding that a large percentage of consumers did not know their potato chips were made from actual potatoes.

A 2021 survey revealed that 42% of consumers were unaware that Lay's chips were made from spuds (). The new bags prominently feature photos of potatoes and the phrase 'made with real potatoes' ().

3The 12-Ton Kit Kat Heist and Viral Marketing Response

A real-world theft of 12 metric tons (over 400,000 units) of limited-edition Formula 1 car-shaped Kit Kat bars occurred in Italy. Thieves, posing as law enforcement, intercepted a truck en route to Poland. This event quickly became a social media phenomenon, prompting Kit Kat to pivot its marketing strategy.

Kit Kat confirmed the theft of 12 tons of F1-shaped Kit Kats, valued at over 400,000 units, on March 26th (). The driver was restrained, and the truck vanished (). Nestle launched a 'stolen Kit Kat tracker' on its website, allowing consumers to check batch codes (). Numerous brands, including IKEA, PayPal, Domino's, and Denny's, engaged with the story on social media, creating memes and promotional content (, , ). Kit Kat explicitly stated the heist was 'not a stunt or an April Fool's joke' ().

4The 'Chicken of the Sea' Moment: A Pop Culture Example of Consumer Confusion

The episode references a famous pop culture moment involving Jessica Simpson and 'Chicken of the Sea' tuna to illustrate how brand names can genuinely confuse consumers, even when product labels are clear.

Jessica Simpson, on her reality show 'Newlyweds,' famously questioned whether 'Chicken of the Sea' tuna was chicken or fish, despite the can clearly stating 'tuna' (). This moment highlights the potential for misunderstanding based on brand naming conventions.

Lessons

  • Scrutinize product labels and descriptions, especially for items with ambiguous names, to ensure alignment with expectations.
  • Understand that legal standing for consumer harm can be established by merely claiming intent to pay less or not purchase a product if fully informed, even if actual physical harm is absent.
  • Recognize that brand marketing can strategically leverage unexpected events, like product theft, into viral campaigns to maintain relevance and engage consumers.

Quotes

"

"What's in a name? If we call a wing by any other name, would it smell as sweet?"

Judge John J. Tharp Jr.
"

"Plaintiff sued B-Dubz over his confusion, but his complaint has no meat on its bones."

Judge John J. Tharp Jr.
"

"Someone really stole 12 tons of Kit Kats and we really want to know where they've gone."

Kit Kat (official statement)
"

"We would like to make one thing clear: whatever happened to those Kit Kats happened between 1:30 AM and 4:00 AM, and we were very busy. No further questions."

Denny's (social media)

Q&A

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