Judge denies McDonald's motion to dismiss McRib consumer fraud lawsuit

A U.S. District Judge in Chicago rejected McDonald’s request to dismiss a class action that claims the chain deceived consumers about the composition of its McRib sandwich. Plaintiffs argue the sandwich’s ridged patty is designed to look like pork ribs, leading buyers to believe it contains rib meat, a pricier cut, while the company allegedly uses lower-grade pork parts such as shoulder, heart, tripe or stomach.

Judge April Perry said the plaintiffs’ expectation that the McRib contain rib meat is not unreasonable and noted that McDonald’s website lists only pork as an ingredient, meaning consumers should not be required to research the product before purchasing a $7 sandwich. She also indicated that advertising that emphasizes the rib-like shape could support a claim of intent to defraud, though additional evidence is required.

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 called the lawsuit “meritless” and said it “distorts the facts.”

Plaintiffs’ attorney Thiago Coelho said the lawsuit will continue as the group seeks accountability for what they describe as deceptive marketing. Similar consumer-fraud claims have been filed against other fast-food chains over product representations in advertisements and on menus.