Federal Judge Allows McRib Deception Claims to Proceed

A U.S. District Judge in Chicago ruled that McDonald’s must face a proposed class action accusing the chain of misleading customers about the meat in its McRib sandwich. The judge rejected the company’s request to dismiss the case entirely, permitting consumer deception, fraud and unjust-enrichment claims to continue while dismissing five other claims without prejudice.

The lawsuit, filed by four consumers in December, alleges that the McRib patty is shaped to look like a rack of pork ribs despite containing no rib meat. Plaintiffs contend that the sandwich’s name, appearance and marketing lead shoppers to believe they are buying a higher-priced cut of pork. Survey evidence cited in the filing showed that 72% of respondents expected rib meat in the sandwich, and 67% said rib meat was important or very important to their purchase decision.

McDonald’s maintains that the McRib contains 100% pork sourced from U.S. suppliers and does not include heart, tripe or stomach, as stated in its ingredient list. The company argues that the product’s name does not mislead reasonable consumers. The judge noted that other McDonald’s items, such as the McChicken and Egg McMuffin, also have names describing their ingredients, and therefore the trademarked name does not automatically shield the chain from deceptive-marketing claims.

"The McRib’s trademarked name does not provide immunity from consumer deception claims," Judge April Perry wrote in the ruling.

A McDonald’s spokesperson did not respond to a request for comment. The McRib, introduced in 1981, returns periodically as a limited-time offering and is served at roughly 14,000 U.S. locations and more than 45,000 restaurants worldwide.