A federal judge has allowed a proposed class-action lawsuit accusing McDonald’s of misleading customers about the meat in its McRib sandwich to continue. The ruling came Friday in Chicago, where the fast-food company is headquartered.
U.S. District Judge April Perry rejected McDonald’s request to dismiss the case, while throwing out some of the plaintiffs’ claims. The consumers allege that the sandwich’s ridged shape and name lead diners to believe it contains pork rib meat, which they describe as a more expensive cut associated with higher fat content and richer flavor.
What the lawsuit alleges
The plaintiffs say McDonald’s uses lower-grade pork products, including shoulder, heart, tripe or stomach, and that customers paid more for the sandwich because of the impression created by its name and appearance. The complaint focuses on whether a reasonable customer could understand “McRib” to mean that the sandwich contains meat from a pig’s ribs.
McDonald’s argued that the product name does not deceive reasonable consumers and that a customer’s preference for a particular cut of pork does not make the company’s marketing fraudulent. The company’s website describes the sandwich as containing pork, according to the ruling.
“Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful.” — U.S. District Judge April Perry
Perry also said advertisements emphasizing the sandwich’s rib-like shape could support the plaintiffs’ allegation that McDonald’s intended to mislead consumers. She wrote that it was too early in the case to accept the company’s argument that no reasonable customer would expect the sandwich to contain rib meat, particularly for a fast-food purchase priced at about $7.
A recurring menu item
McDonald’s has sold the McRib periodically since 1981. The sandwich has become one of the chain’s most recognizable limited-time menu items, though the lawsuit concerns its labeling and presentation rather than when it is available.
- The case is a proposed class action brought by consumers.
- The judge dismissed some claims but permitted the central allegations about the McRib’s marketing to proceed.
- McDonald’s and its lawyers had not responded to requests for comment.
Thiago Coelho, a lawyer for the plaintiffs, said his clients will continue pursuing what he described as accountability for deceptive marketing. The case is part of a broader set of lawsuits involving fast-food advertising, including allegations that McDonald’s, Burger King and Wendy’s made burgers appear larger in advertisements or on menu boards than the products customers received.
