Home · Business · Oct 31 archive

Judge Allows McRib Meat Lawsuit Against McDonald's to Proceed

· Confirmed

Business Desk

In Short: District Judge April Perry rejected McDonald's bid to dismiss the lawsuit in its entirety, allowing consumer deception, fraud, and unjust enrichment claims to proceed while dismissing five other claims without prejudice.

Judge allows class action McRib lawsuit against McDonald's to proceed
YouTube — ABC News

A federal judge in Chicago ruled Friday that McDonald's must face a proposed class action lawsuit alleging the McRib sandwich contains lower-grade pork products rather than rib meat.

The lawsuit, filed by four consumers in December, alleges that McDonald's designed the McRib patty to resemble a rack of pork ribs despite containing no actual rib meat.

YouTube — ABC News YouTube

The ruling comes after a survey found that 72% of respondents expected the McRib to contain rib meat, and another found that 67% considered rib meat important or very important to their purchasing decision.

McDonald's argued that the sandwich's name does not mislead reasonable consumers and that its publicly available ingredient list identifies pork as the primary ingredient.

However, Judge Perry determined that it was too early to conclude that consumers could not reasonably expect the sandwich to contain rib meat, citing allegations about its marketing and consumer surveys submitted by the plaintiffs.

The judge also noted that McDonald's website describes the sandwich only as containing pork, and reasonable consumers need not do research before buying a $7 fast-food sandwich.

McDonald's maintains that it does not use hearts, tripe, or stomach in the McRib and has always been transparent about its ingredients.

The plaintiffs accused McDonald's of intentionally shaping McRib patties with ridges to resemble pork ribs and make diners believe the sandwich contains rib meat, an expensive cut known for its higher fat content and rich flavor.

The judge said ads highlighting the meat’s rib-like shape could support a claim of intent to defraud, though further proof was needed.

The lawsuit asks whether the product’s overall presentation promises more than its ingredient description explains.

The distinction is important because the lawsuit is not claiming that McDonald's is selling something other than pork.

The plaintiffs are seeking class-action status, which could eventually allow other McRib purchasers to participate in the case.

What this adds

The McRib has been sold periodically since 1981, and fans were last able to order the sandwich in December 2016.

There are nearly 45,000 McDonald's restaurants worldwide, and an unofficial fan-run McRib Location website shows sightings in almost every state.

McDonald's has an official 'McRib Finder' app for iOS and Android phones, allowing fans to track the sandwich's availability.

The McRib can also be delivered through UberEATS, and the app includes features like swapping McRib-themed stickers and planning sandwich dates with friends.

What's confirmed

What's still developing

Sources