A federal judge has rejected McDonald’s request to dismiss a proposed class-action lawsuit alleging the fast-food giant has defrauded customers about the meat used in its McRib sandwich.
U.S. District Judge April Perry dismissed some claims but said, in an opinion issued Oct. 30, that it was premature to accept the company’s argument that no reasonable consumer could expect the McRib to contain rib meat.
Four plaintiffs in the case, filed in U.S. District Court in Northern Illinois, argue the McRib’s name, its shape, marketing, limited availability, “and premium price causes reasonable consumers to mistakenly believe the sandwich contains the more expensive rib meat,” according to the opinion.
The lawsuit alleges McDonald’s uses lower-grade pork products including shoulder, heart, tripe or stomach, and as a result, consumers overpay for the sandwich.
McDonald’s maintained that it does not use hearts, tripe or stomach in the McRib, and has always been transparent about its ingredients, in a statement to Reuters. “This lawsuit distorts the facts and the claims are meritless,” the statement said.
McDonald’s has sold the McRib periodically since 1981, and the sandwich is currently available in select U.S. markets. The company contended distinctive product names do not fool reasonable consumers, and the plaintiffs’ preference for a certain cut of pork “doesn’t turn McDonald’s truthful marketing into consumer fraud.”
McDonald’s website describes the sandwich only as containing pork, Perry said in the opinion, but “the Court cannot conclude that it would be unreasonable for a consumer to believe that the McRib contains rib meat.”
The judge also said ads highlighting the meat’s rib-like shape could support a claim of intent to defraud, though further proof was needed. “Plaintiffs’ proffered understanding of ‘McRib’ is not unreasonable or fanciful,” Perry wrote.
Thiago Coelho, a lawyer for the plaintiffs, said his clients will continue seeking accountability for deceptive marketing.
Contributing: Saleen Martin, USA TODAY, and Reuters.
Mike Snider is a national trending news reporter for USA TODAY. You can follow him on Threads (mikegsnider), Bluesky (@mikegsnider.bsky.social), X (@mikesnider) and email him [email protected].
Reporting by Mike Snider, USA TODAY / USA TODAY
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