McDonald's Must Face McRib Lawsuit Over Whether the Sandwich Contains Rib Meat, Judge Rules

Does a sandwich called the McRib have to contain rib meat? A federal judge in Chicago says that’s a fair question for a lawsuit to ask. U.S. District Judge April Perry has refused to throw out a proposed class action accusing McDonald’s of misleading customers about what is in the McRib. That means the case can go forward, though the ruling says nothing yet about whether McDonald’s did anything wrong.

The opinion was issued on Oct. 30, according to USA Today, and became widely reported over the Halloween weekend.

What the McRib lawsuit claims

Four plaintiffs filed the case in U.S. District Court for the Northern District of Illinois. They argue that the McRib’s name, its ridged, rib-shaped patty, its marketing, its limited availability and its premium price lead reasonable consumers to believe the sandwich contains more expensive rib meat, USA Today reported.

Instead, the suit alleges, McDonald’s uses lower-grade pork products, including shoulder, heart, tripe or stomach, so customers overpay for what Reuters (via NBC News) described as one of the chain’s most expensive menu items.

What the judge decided

Perry dismissed some claims but kept the core of the case alive. Her key points, as reported by Reuters and USA Today:

• Too early to side with McDonald’s. It was premature, she wrote, to accept the company’s argument that no reasonable consumer could expect the McRib to contain rib meat.
• No homework required. McDonald’s website describes the sandwich only as containing pork, but reasonable consumers don’t need to dig into the details before buying a $7 fast-food sandwich, Reuters reported her saying.
• The ads matter. Advertising that highlights the patty’s rib-like shape could support a claim of intent to defraud, though more proof would be needed.

“Plaintiffs’ proffered understanding of ‘McRib’ is not unreasonable or fanciful,” Perry wrote.

Fox Business and other outlets reported that claims including consumer deception, fraud and unjust enrichment are among those moving forward.

McDonald’s response

McDonald’s denies the core allegations. In a statement to Reuters, the company said it does not use hearts, tripe or stomach in the McRib and has always been open about its ingredients. “This lawsuit distorts the facts and the claims are meritless,” the statement said.

In court, McDonald’s argued that distinctive product names don’t fool reasonable consumers, and that the plaintiffs’ preference for a certain cut of pork “doesn’t turn McDonald’s truthful marketing into consumer fraud.”

Thiago Coelho, a lawyer for the plaintiffs, said his clients will keep seeking accountability for what they call deceptive marketing.

Is the McRib still on the McDonald’s menu?

Yes, in some places. McDonald’s has sold the McRib on and off since 1981, and USA Today reported that it is currently available in select U.S. markets. The lawsuit does not change that.

What happens next

Surviving a motion to dismiss is an early step. The case now moves toward discovery and, possibly, a fight over whether it can proceed as a class action. None of the allegations have been proven, and McDonald’s has not been found liable.

The case also fits a wider pattern. Reuters noted that fast-food chains have faced other suits over how their food looks in ads and on menu boards, including cases accusing McDonald’s, Burger King and Wendy’s of making burgers look bigger than they are.

Quick FAQ

Is McDonald’s being sued over the McRib? Yes. A proposed class action claims the name and shape suggest rib meat the sandwich doesn’t contain.

Did McDonald’s lose the lawsuit? No. A judge only refused to dismiss it, so the case continues. There is no finding of wrongdoing.

What does McDonald’s say is in the McRib? The company describes it as pork and says it does not use hearts, tripe or stomach.