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A federal judge ruled Friday that McDonald’s must face a proposed class-action lawsuit accusing the fast-food giant of misleading customers about the meat used in its popular McRib sandwich.
U.S. District Judge April Perry in Chicago denied the company’s request to dismiss the lawsuit in its entirety, allowing claims of consumer deception, fraud and unjust enrichment to proceed while dismissing five other claims without prejudice.
The suit, filed by four consumers in December, alleges that McDonald’s designed the McRib patty to resemble a rack of pork ribs, although it contained no real rib meat.
The plaintiffs argue that the sandwich’s name, appearance and marketing mislead customers into thinking they are purchasing a more expensive cut of pork.
MCDONALD’S HIT WITH LAWSUIT CLAIMING MCRIB CONTAINS NO REAL RIBS MEAT
McDonald’s faces a proposed class action lawsuit accusing the fast food giant of misleading customers about the meat used in its popular McRib sandwich. (David Paul Morris/Getty Images, File / Getty Images)
Perry determined it was too early to conclude that consumers could not reasonably expect the sandwich to contain rib meat, citing allegations regarding its marketing and consumer investigations submitted by plaintiffs.
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 in their purchasing decision, according to the court filing.
The ruling allows parts of the case to proceed, but does not establish that McDonald’s engaged in misleading advertising.
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There are nearly 45,000 McDonald’s restaurants worldwide. (Edgar Su/Reuters, file/Reuters Photos)
As FOX Business previously reported, the lawsuit alleges that the McRib contains substandard pork products, including pork shoulder, heart, tripe and stomach, rather than rib meat.
McDonald’s has denied the claims, saying the sandwich contains 100% pork from U.S. farmers and suppliers. The company previously told FOX Business that it does not use heart, tripe or scalded stomach in the McRib patty.
McDonald’s argued that the name of the sandwich did not mislead reasonable consumers and that its publicly available list of ingredients identified pork as the main ingredient.
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Perry rejected the argument that the McRib’s brand name protects the company from misleading marketing claims, noting that other McDonald’s products, including McChicken and Egg McMuffin, have names that describe their ingredients.
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A representative for McDonald’s did not immediately respond to FOX Business’ request for comment.
Launched in 1981, the McRib has developed a loyal following through its periodic, limited-time returns on McDonald’s menus. The sandwich features a boneless pork patty covered in barbecue sauce and topped with onions and pickles.
There are nearly 14,000 McDonald’s restaurants in the United States and more than 45,000 worldwide.
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