A US federal judge has rejected McDonald’s request to dismiss a proposed class-action lawsuit accusing the fast-food chain of misleading consumers about the meat used in its McRib sandwich.
The plaintiffs allege that McDonald’s deliberately shapes the McRib patties with ridges resembling pork ribs, creating the impression that the sandwich contains rib meat, an expensive cut known for its higher fat content and rich flavour.
They claim that the company’s actual use of lower-grade pork products, including shoulder meat, heart, tripe or stomach, misled customers into paying more for the McRib, one of the chain’s most expensive menu items.
While dismissing some of the claims, US District Judge April Perry, sitting in Chicago, where McDonald’s is headquartered, said it was too early to accept the company’s argument that no reasonable consumer could expect the McRib to contain rib meat.
The judge noted that McDonald’s website describes the sandwich as containing pork but does not provide further clarification about the specific cuts used. She added that consumers should not be expected to conduct extensive research before purchasing a fast-food sandwich costing $7.
Perry also said advertisements emphasising the rib-like shape of the meat could support the plaintiffs’ allegation that the company intended to mislead consumers, although further evidence would be required.
“The plaintiffs’ proffered understanding of ‘McRib’ is not unreasonable or fanciful,” Perry wrote.
McDonald’s has sold the McRib periodically since 1981.
The company argued that distinctive product names do not deceive reasonable consumers and that customers’ preference for a particular cut of pork does not turn truthful marketing into consumer fraud.
In a statement, McDonald’s maintained that it does not use hearts, tripe or stomach in the McRib and has always been transparent about its ingredients.
“This lawsuit distorts the facts and the claims are meritless,” the company said.
Thiago Coelho, a lawyer representing the plaintiffs, said his clients would continue seeking accountability for what they consider deceptive marketing practices.
Fast-food chains have faced several other lawsuits over the way their products are depicted in advertisements and on menu boards.
These include cases accusing McDonald’s, Burger King and Wendy’s of making their burgers appear larger in promotional material than they are when served to customers.
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