A federal judge in Chicago rejected the company's motion to dismiss the lawsuit, ruling that marketing emphasizing the sandwich's rib-like ridges could plausibly support allegations of deceptive intent. Plaintiffs contend the menu item relies on inexpensive cuts like shoulder, heart, tripe, or stomach rather than genuine rib meat. McDonald's vehemently denied using organ meats such as heart, tripe, or stomach, calling the claims meritless distortions while defending its advertising as completely truthful.
Key points
Fast-food brands cannot easily dismiss false advertising suits simply by expecting everyd…: Fast-food brands cannot easily dismiss false advertising suits simply by expecting everyday consumers to investigate ingredient lists.
Marketing campaigns that physically shape food products to resemble higher-cost meats may…: Marketing campaigns that physically shape food products to resemble higher-cost meats may create viable legal liability for fraud.
The decision reflects an expanding legal wave challenging major restaurant chains over th…: The decision reflects an expanding legal wave challenging major restaurant chains over the accuracy of their product representations.
Sources checked by our analysis pipeline: 1
The plaintiffs accused McDonald's of intentionally shaping McRib patties with ridges to resemble pork ribs and make diners believe the sandwich contains rib meat, an expensive cut known for its higher fat content and rich flavor.
Consumers said McDonald's actual use of lower-grade pork products including shoulder, heart, tripe or stomach caused them to overpay for the McRib, one of its most expensive menu items.
While dismissing some claims, US District Judge April Perry in McDonald's hometown of Chicago called it premature to accept the company's argument that no reasonable consumer could expect the McRib to contain rib meat.
She said McDonald's website describes the sandwich only as containing pork, and reasonable consumers need not do research before buying a $7 fast-food sandwich.
The judge also said ads highlighting the meat's rib-like shape could support a claim of intent to defraud, though further proof was needed.
"Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful," Perry wrote.
McDonald's has sold the McRib periodically since 1981.
It contended that distinctive product names do not fool reasonable consumers, and the plaintiffs'…
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