Wings, winglets or drumettes — the accurate description for a chicken wing on the KFC menu is the focus of an advertising complaint that saw a consumer objection to receiving only “half a wing” when ordering dunked chicken wings and “if you order a Streetwise Two and if you ask for a thigh and a wing, you get a full wing”.
The complaint has been dismissed by the Advertising Regulatory Board, however, on grounds that KFC uniformly used the term “wings” for their wing pieces, regardless that the product was only actually winglets, and therefore was not misleading customers.
The complaint was not very detailed or specific in the objections. However, in their response, KFC noted that it was not aware of any industry rule or convention that dictates the manner in which any distinction should be drawn between “wings” and “winglets”. It argued that it was not uncommon to see references to “wings” even when the relevant establishment provided only half wings or “winglets”.
KFC offered examples of this taken from Spur, Pedro’s and Chicken Licken, all of which appear to feature the smaller “winglet” servings despite being labelled as “wings”. It noted that KFC has always used the term “wing” to advertise its Zinger and Dunked wings.
It argued that conversely, its Streetwise meal offerings do not make specific reference to full wings, as this was not a special or a specific offer — merely one of the chicken portions a customer might receive when ordering these meals.
In viewing the complaint in line with the application of the Code of Advertising Practice, the ARB directorate considered ‘misleading claims’ to be relevant to this dispute.
“Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer,” the directorate said.
It noted that the complainant had not articulated an objection to the reference to “wings” being misleading in the case where only winglets were supplied in the “Dunked Wings” promotion.
“However, this is clear from the manner in which she draws a comparison between larger ‘wings’ served as part of a Streetwise meal and wings, or winglets, served as ‘Dunked Wings’.”
It is unlikely for any reasonable person to see these ‘Dunked Wings’ or their alternative variant ‘Zinger Wings’ and expect a full-size wing
— ARB directorate
The directorate therefore had to determine whether the reference to “wings” in different contexts was likely to mislead customers.
KFC argued that there was a lack of consistency in the fast-food retail industry, with some entities advertising “wings” served only as “winglets”, while other were more clear, advertising their smaller portion offerings as “winglets”. It argued that they consistently used “wing” when promoting their Zinger and Dunked products that are actually only winglets, with these being the only “wings” named on the menu. The bigger complete wing portions were full pieces included in their full meal offerings, but not differentiated as “wings”.
“Inconsistency in industry terminology does not necessarily grant advertisers carte blanche to make any claim in any context regardless of how it might be interpreted. Put differently, the directorate has to consider each dispute on its own merits, and cannot simply dismiss one complaint on the basis that there may be other advertisers who do the same thing, or because there is no clearly defined standard,” the ARB said.
Referencing research done by The Kitchn.com, the ARB found that chicken wings typically consist of three parts: the “drumette”, which attaches the wing to the body, and consists of a main bone with some cartilage and joint tissue; the “wingette” or flat portion, which usually contains two thin bones and is entirely covered in skin, and then the “tip”, which is the end of the wing, with mostly skin, and little to no meat.
The ARB found that each KFC menu item is accompanied by text, offering clarity and an explanation; an image of what the item looks like and an online form that allows customers as much time as they need to consider their options before committing to a purchase.
It found that KFC consistently used “wings” to describe meal options where only winglets are offered, suggesting that customers are aware of what they are getting. It noted that the description for Dunked Wings offered “... KFC famous Zinger Wings dunked in honey, ginger and soy sauce”.
However, the description for Zinger Wings offers “... succulent winglets breaded in our hot and spicy Zinger breading”.
“This seems to suggest some level of inconsistency, which may, in isolation, be seen as contributing to ambiguity or confusion. However, the advertising in this instance also contains images, meaning that interested customers can see what their order would look like. This is significant, as it is unlikely for any reasonable person to see these ‘Dunked Wings’ or their alternative variant ‘Zinger Wings’ and expect a full-size wing.”
The ARB found that while it was not entirely clear whether KFC’s “Dunked Wings” are “drumette” or “wingette” pieces, there “can be no doubt that this is not a three-piece wing”.
It was therefore found there was no reason to believe that KFC’s reference to “wing” when offering only winglets or drumettes was inherently misleading.
The directorate, however, noted that “even if only for the sake of consistency”, it would be prudent for KFC to refer to its “Dunked Wings” as winglets as was done in the description of “Zinger Wings”.
“This may go some way in ensuring consistency across its menus and avoiding any possible confusion.”
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