Stephen Colbert calls Ohio Supreme Court boneless chicken decision 'hot legal garbage'

Late night talk show host Stephen Colbert has a bone to pick with the Ohio Supreme Court over its ruling in a boneless chicken wing case .

"In poultry adjudication news, the Ohio Supreme Court has ruled that chicken wings advertised as boneless can have bones. Then what's the point of anything?!" Colbert said in mock exasperation.

Under this rationale, orange juice advertised as fresh-squeezed could be 6 months old, the comedian said on "The Late Show." Colbert called it "hot legal garbage."

The court issued its 4-3 decision in July.

'No breach of a duty': Ohio Supreme Court says boneless chicken wings can have bones

Republicans on the court ruled that bones are a natural part of chicken so a consumer should be on guard for them − even in boneless wings.

“There is no breach of a duty when the consumer could have reasonably expected and guarded against the presence of the injurious substance in the food,” Republican Justice Joe Deters wrote for the majority.

But Democrats on the court called that reasoning absurd. They contended that a jury, not appeals court judges, should decide whether customers should expect to find bones in boneless wings.

'I'll never be the same': Man at center of viral boneless wing lawsuit speaks out

In April 2016, Michael Berkheimer ordered boneless wings with parmesan garlic sauce at Wings on Brookwood in Hamilton. On the third piece, he felt "something go down the wrong pipe." He unsuccessfully tried clearing his throat and later that night, started to run a fever. The next day, a doctor removed the chicken bone but Berkheimer ended up with an infection and endured two surgeries.

In 2017, Berkheimer sued the restaurant owners as well as the chicken suppliers and processors. The Butler County Common Pleas Court trial judge decided that consumers should be on guard against the possibility of bones in boneless chicken. The 12th District Court of Appeals agreed. The Ohio Supreme Court heard the case in December 2023.

Berkheimer's attorneys have asked the court to reconsider its decision, which has made international headlines. Justices will likely vote on whether to reconsider later this month.

Laura A. Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio .

This article originally appeared on The Columbus Dispatch: Stephen Colbert calls Ohio Supreme Court boneless chicken decision 'hot legal garbage'