Consumers can sue McDonald’s over McRib marketing after a federal judge in Chicago rejected the company’s bid to dismiss central deceptive claims. U.S. District Judge April Perry determined that reasonable consumers need not investigate ingredient cuts before purchasing the fast-food item.
Judge Permits Deceptive-Marketing Lawsuit Against McDonald’s
The legal challenge centers on deceptive-marketing allegations brought forward by consumers who purchased the sandwich. U.S. District Judge April Perry dismissed five claims without prejudice while allowing consumer deception, fraud, and unjust enrichment claims to move forward.
Thiago Coelho, a lawyer representing the plaintiffs, stated that his clients will continue seeking accountability for deceptive marketing. Judge Perry observed that ads highlighting the rib-like shape could support a claim of intent to defraud, though further proof is needed.
Plaintiffs’ proffered understanding of ‘McRib’ is not unreasonable or fanciful.
McDonald’s dealt legal setback as judge allows lawsuit over McRib’s ‘lack of rib meat’ to proceed• The lawsuit alleges that McDonald's designed the McRib patty to resemble a rack of pork ribs despite containing no actual rib meat. https://t.co/lNWJmttclA
Disputes Arise Over Patty Ingredients and Buyer Expectations
The core dispute involves what goes into the fast-food patty. While the company maintains that the sandwich contains 100% pork sourced from domestic farmers and suppliers, the plaintiffs claim the sandwich utilizes lower-grade products such as pork shoulder, heart, tripe, and scalded stomach. McDonald’s has explicitly denied using heart, tripe, or scalded stomach in its product.
The sandwich features a boneless pork patty covered in barbecue sauce and topped with onions and pickles. Attorneys submitted consumer surveys during proceedings to support their arguments regarding buyer perceptions.
Corporate Defense Defends Menu Names Against Fraud Claims
Representatives asserted that a consumer preference for a specific cut of meat doesn’t turn McDonald’s truthful marketing into consumer fraud. The company further noted that other menu items, such as the McChicken and Egg McMuffin, feature descriptive names.
The product has recently returned to select cities including Los Angeles, Chicago, Miami, Atlanta, Philadelphia, and Dallas. The sandwich itself carries a long history alongside nearly 14,000 McDonald’s restaurants in the U.S. and more than 45,000 worldwide.
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McDonald's dealt legal setback as judge allows McRib meat lawsuit to proceed https://t.co/RhmpLNPge2
McDonald's dealt legal setback as judge allows lawsuit over McRib's 'lack of rib meat' to proceed https://t.co/DFt1r4B7Fx pic.twitter.com/9NNE3PeGl7