U.S. judge denies McDonald's motion to dismiss class action over McRib labeling

A federal judge in Chicago rejected McDonald's request to dismiss a proposed class action that claims the chain deceived customers about the composition of its McRib sandwich. The plaintiffs argue that the sandwich's rib-shaped patty suggests rib meat, while McDonald's uses lower-grade pork cuts such as shoulder, heart, tripe or stomach, leading consumers to overpay for a $7 item.

U.S. District Judge April Perry said it was premature to accept McDonald's argument that a reasonable consumer would not expect rib meat, noting that the company's website lists only pork as an ingredient and that shoppers are not required to conduct extensive research before purchase. She added that advertising emphasizing the rib-like shape could support a claim of intent to defraud, though additional evidence is needed.

"Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful," Perry wrote.

McDonald's, which has sold the McRib intermittently since 1981, maintains that it does not use hearts, tripe or stomach in the sandwich and that its marketing is truthful. In a statement the company said the lawsuit "distorts the facts and the claims are meritless."

Plaintiff attorney Thiago Coelho said the legal team will continue to pursue accountability for what they describe as deceptive marketing. Similar lawsuits have been filed against other fast-food chains over product depictions in advertisements and on menus.