A federal judge on Friday denied McDonald’s request to dismiss a proposed class-action lawsuit accusing it of defrauding consumers over the contents of its McRib sandwich.
The plaintiffs accused McDonald’s of intentionally shaping McRib patties with ridges to resemble pork ribs and fool diners into thinking the sandwich contains rib meat, an expensive cut known for its higher fat content and rich flavor.
Consumers said McDonald’s actual use of lower-quality pork products, including shoulder, heart, tripe or stomach, led them to overpay for the McRib, one of its most expensive items.
While rejecting some of the claims, U.S. District Judge April Perry of McDonald’s hometown of Chicago said it was premature to accept the company’s argument that no reasonable consumer could expect the McRib to contain rib meat.
She said McDonald’s website describes the sandwich only as containing pork and that reasonable consumers don’t need to do research before buying a $7 fast food sandwich.
The judge also said ads highlighting the rib shape of the meat could support a claim of intent to defraud, although additional evidence was needed.
“Plaintiffs’ understanding of ‘McRib’ is neither unreasonable nor fanciful,” Perry wrote.
McDonald’s has sold the McRib periodically since 1981.
He argued that distinctive product names do not mislead reasonable consumers and that plaintiffs’ preference for a certain cut of pork “does not transform McDonald’s truthful marketing into consumer fraud.”
In a statement, McDonald’s said it does not use heart, guts or stomach in the McRib and has always been transparent about its ingredients. “This lawsuit distorts the facts and the allegations are baseless,” he adds.
Thiago Coelho, the plaintiffs’ lawyer, said his clients will continue to seek accountability for deceptive marketing.
Fast food chains have faced other lawsuits over the depiction of products in advertisements and on menu boards.
These include cases accusing McDonald’s, Burger King and Wendy’s of making hamburgers appear larger than they actually are.
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