A federal judge in Chicago dealt McDonald's a legal setback by rejecting the company's motion to dismiss a proposed class action lawsuit over the McRib sandwich [1]. U.S. District Judge April Perry ruled that consumer deception, fraud, and unjust enrichment claims can proceed, while dismissing five other claims without prejudice [1]. The lawsuit, filed by four consumers in December, alleges that McDonald's misleadingly designed the McRib patty to resemble a rack of pork ribs despite containing no actual rib meat, and that the sandwich's name, appearance, and marketing deceive customers into believing they are purchasing a more expensive cut of pork [1].
Judge Perry determined that it was premature to conclude that consumers could not reasonably expect the sandwich to contain rib meat, citing the plaintiffs' allegations about marketing and consumer survey data [1]. Notably, one survey found that 72% of respondents expected the McRib to contain rib meat, while another found that 67% considered rib meat important or very important to their purchasing decision [1]. The lawsuit alleges that the McRib contains lower-grade pork products, including pork shoulder, heart, tripe, and stomach, rather than rib meat [1].
McDonald's has denied the allegations, maintaining that the sandwich contains 100% pork sourced from U.S. farmers and suppliers and does not use heart, tripe, or scalded stomach in the McRib patty [1]. The company argued that the sandwich's name does not mislead reasonable consumers and that its publicly available ingredient list identifies pork as the primary ingredient [1]. However, Judge Perry rejected McDonald's argument that the McRib's trademarked name shields the company from deceptive marketing claims, noting that other McDonald's products like the McChicken and Egg McMuffin have names that describe their ingredients [1]. The ruling allows portions of the case to proceed but does not establish that McDonald's engaged in deceptive advertising [1].
CONCLUSION
McDonald's faces a significant legal challenge as a federal judge allowed a class action lawsuit alleging deceptive marketing of the McRib sandwich to move forward, rejecting the company's dismissal bid [1]. Consumer survey data showing that 72% of respondents expected rib meat in the sandwich strengthened the plaintiffs' case, creating potential reputational and financial exposure for the fast-food giant [1]. While the ruling does not establish wrongdoing, it permits the litigation to proceed on core fraud and consumer deception claims, representing a notable setback for McDonald's in this matter [1].