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Chicago judge lets McRib consumer-fraud suit proceed
A Chicago federal judge declined to dismiss a proposed class action alleging McDonald's misled buyers about whether the McRib contains rib meat, Reuters reported Friday.
- New headline Was: “McDonald's must face lawsuit over McRib, US judge rules”
- Our desk filed its story
Based on reporting by Reuters
A federal judge in Chicago on Friday refused to throw out a proposed class-action lawsuit accusing McDonald's of misleading customers about what is in the McRib sandwich, Reuters reported1.
Plaintiffs say McDonald's shapes the patty with ridges so it looks like pork ribs and that diners therefore expect rib meat, a costlier cut, rather than other pork used in the sandwich, according to the report1.
They allege that use of lower-grade pork, including cuts such as shoulder and organ meats named in the complaint, led them to overpay for one of the chain's pricier menu items1.
U.S. District Judge April Perry, sitting in McDonald's hometown, dismissed some claims but said it was too early to accept the company's argument that no reasonable consumer would expect the McRib to contain rib meat1.
Perry said McDonald's website describes the sandwich only as containing pork and that buyers of a roughly $7 fast-food sandwich need not research the product first, Reuters reported1.
The judge also said advertising that highlights the meat's rib-like shape could support a claim of intent to defraud, while noting more proof would be required1.
McDonald's has sold the McRib off and on since 19811. The company argued that distinctive product names do not deceive reasonable consumers and that a preference for a particular pork cut does not make truthful marketing into fraud, according to the report1.
The ruling is a motion-to-dismiss decision, not a finding that McDonald's defrauded anyone. Whether a class will be certified, and how the remaining claims will be proved, remains unresolved on the Reuters account1.