A federal judge dealt McDonald’s a major legal setback Friday, ruling the fast-food giant must face a class action lawsuit accusing it of deceiving customers about the meat in its iconic McRib sandwich.
Court Allows Fraud Claims to Move Forward
U.S. District Judge April Perry in Chicago rejected McDonald’s motion to dismiss the case entirely, allowing consumer deception, fraud, and unjust enrichment claims to proceed. The ruling dismissed five other claims without prejudice. Four consumers filed the lawsuit in December, arguing McDonald’s designed the McRib patty to resemble a rack of pork ribs despite containing no actual rib meat. The plaintiffs contend the sandwich’s name, appearance, and marketing mislead customers into believing they are purchasing a premium cut of pork.
Judge Perry determined it was premature to conclude consumers could not reasonably expect the sandwich to contain rib meat. The plaintiffs submitted consumer surveys showing 72 percent of respondents expected the McRib to contain rib meat, while 67 percent considered rib meat important or very important to their purchasing decision. The ruling does not establish that McDonald’s engaged in deceptive advertising but allows the case to advance to further proceedings.
What’s Actually in the McRib
The lawsuit alleges the McRib contains lower-grade pork products, including pork shoulder, heart, tripe, and stomach, rather than rib meat. McDonald’s has firmly denied these allegations, maintaining the sandwich contains 100 percent pork sourced from U.S. farmers and suppliers. The company previously stated it does not use heart, tripe, or scalded stomach in the McRib patty. McDonald’s argued the sandwich’s name does not mislead reasonable consumers and pointed to its publicly available ingredient list identifying pork as the primary ingredient.
Name Game Legal Strategy Fails
Judge Perry rejected McDonald’s argument that the McRib’s trademarked name shields the company from deceptive marketing claims. The judge noted other McDonald’s products, including the McChicken and Egg McMuffin, have names that describe their ingredients. Introduced in 1981, the McRib has developed a loyal following through its periodic limited-time returns to McDonald’s menus. The sandwich features a boneless pork patty covered in barbecue sauce and topped with onions and pickles. McDonald’s operates nearly 14,000 restaurants in the United States and more than 45,000 worldwide. A McDonald’s representative did not immediately respond to requests for comment on the ruling.