Judge Rejects McDonald's Motion to Dismiss McRib Consumer Fraud Suit

A U.S. District Judge in Northern Illinois has refused to dismiss a proposed class-action lawsuit that accuses McDonald's of deceiving consumers regarding the meat used in its McRib sandwich. While the judge dismissed some claims, she ruled that it is premature to accept McDonald's argument that no reasonable consumer would expect rib meat in the product.

The plaintiffs contend that the sandwich's name, shape, marketing, limited availability, and higher price lead consumers to believe it contains rib meat, even though the company says it uses lower-grade pork cuts such as shoulder and does not include hearts, tripe or stomach. McDonald's said its ingredient list on its website identifies the sandwich simply as pork and asserted that the lawsuit "distorts the facts and the claims are meritless."

Judge April Perry noted that the court cannot conclude it would be unreasonable for a consumer to think the McRib contains rib meat, especially given advertisements that emphasize the meat's rib-like appearance. She indicated that further evidence would be needed to prove intent to defraud.

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

The plaintiffs' attorney, Thiago Coelho, said the group will continue to pursue accountability for what they describe as deceptive marketing.