The McRib class action lawsuit is moving forward after a federal judge rejected McDonald’s motion to dismiss the case regarding the absence of actual rib meat in the popular menu item.
Federal Judge Rejects McDonald’s Dismissal Request
According to Fox Business, U.S. District Judge April Perry in Chicago denied McDonald’s request for a complete dismissal of the lawsuit on November 30. The court allowed claims regarding consumer deception, fraud, and unjust enrichment to proceed, while dismissing five other claims with leave to refile.
The lawsuit was originally filed last December by four consumers. The plaintiffs argued that McDonald’s misled customers by shaping the McRib patty like a pork spare rib despite not using actual rib meat.
Consumer Surveys and McDonald’s Defense
A consumer survey submitted by the plaintiffs showed that 72% of respondents expected the McRib to contain actual rib meat. Another survey revealed that 67% considered the inclusion of rib meat to be an important or very important factor in their purchasing decision.
McDonald’s has denied the allegations. The company explained that McRib patties are made from 100% pork sourced from domestic farms and suppliers.
Judge Perry noted that other McDonald’s product names, such as the McChicken and Egg McMuffin, also indicate real ingredients, ruling that trademarked product names do not automatically exempt the company from false advertising lawsuits. However, the ruling only allows certain claims to proceed and does not determine that McDonald’s actually deceived consumers.
