McDonald’s Faces Class Action Over McRib Advertising

On October 30, US District Judge April Perry in Chicago denied McDonald’s request to dismiss a proposed class action alleging deceptive marketing of the McRib sandwich. The judge allowed the remaining claims to proceed, noting that it was premature to conclude that a reasonable consumer would not expect rib meat from the product’s ridged patty.

McDonald’s Must Face a Lawsuit Alleging Its McRib Misleads Customers About Whether It Contains Rib Meat UsNews and World Report

The McRib, a $7 sandwich that has appeared intermittently on the menu since 1981, is marketed with a rib-shaped patty. Plaintiffs contend that the sandwich is made from lower-grade pork cuts—shoulder, heart, tripe, or stomach—rather than the higher-priced rib meat that the name suggests. They argue that the name and visual cues cause customers to overpay for a product that does not contain rib meat.

McDonald’s Must Face a Lawsuit Alleging Its McRib Misleads Customers About Whether It Contains Rib Meat

McDonald’s issued a statement asserting that the company does not use hearts, tripe, or stomach in the McRib and that its marketing has always been transparent about the ingredients. The corporation described the lawsuit as “distorted” and “meritless.”

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Plaintiffs’ attorney Thiago Coelho said the clients will continue to seek accountability for what they view as deceptive marketing.

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• “Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful,” — Perry, US district judge

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The court’s order permits the surviving claims to move forward, meaning the plaintiffs must now produce further proof that McDonald’s advertising intentionally misleads consumers. No final determination of fraud has been made at this stage.

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