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A federal judge ruled that McDonald’s must face a class action lawsuit filed accusing the fast food giant of misleading customers about the meat used in its popular McRib sandwich.
U.S. District Judge April Perry in Chicago rejected the company’s bid to dismiss the lawsuit entirely, allowing consumer fraud, fraud and unjust enrichment claims to proceed while dismissing five other claims without prejudice.
The lawsuit, filed by four consumers in December, alleges that McDonald’s designed the McRib patty to resemble a rack of pork ribs even though there is no actual rib meat.
The plaintiffs argued that the sandwich’s name, appearance and marketing misled customers into believing they were buying more expensive pork.
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McDonald’s is facing a proposed class action lawsuit accusing the fast food giant of misleading customers about the meat used in its popular McRib sandwiches. (David Paul Morris/Getty Images, File/Getty Images)
Perry determined that it was too early to conclude that consumers could not expect the sandwich to contain rib meat, citing allegations of marketing and consumer surveys filed by the plaintiffs.
One survey found that 72% of respondents expected a McRib to contain rib meat, while another found that 67% considered rib meat to be important or very important to their purchase decision, according to court filings.
The ruling allowed part of the case to proceed but did not determine whether McDonald’s engaged in deceptive advertising.
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There are nearly 45,000 McDonald’s restaurants worldwide. (Edgar Su/Reuters, File/Photo Reuters)
As FOX Business previously reported, the lawsuit alleges that the McRib contains cheaper pork products, including pork shoulder, heart, tripe and belly, than rib meat.
McDonald’s has denied the allegations, maintaining its sandwiches contain 100% pork sourced from US farmers and suppliers. The company previously told FOX Business that it does not use liver, tripe or clean belly in its McRib patty.
McDonald’s argued that the name of the sandwich did not mislead a reasonable consumer and that the publicly available ingredient list identified pork as the main ingredient.
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Perry rejected the argument that the McRib trademark name protects the company from deceptive marketing claims, as other McDonald’s products, including the McChicken and the Egg McMuffin, have names that reflect those ingredients.
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A representative for McDonald’s did not immediately respond to FOX Business’ request for comment.
Introduced in 1981, the McRib has developed a loyal following through its limited-time return to the McDonald’s menu. The sandwich features a boneless pork patty covered in barbecue sauce and topped with chopped onions and pickles.
There are nearly 14,000 McDonald’s restaurants in the US and more than 45,000 worldwide.