A proposed class-action case targeting McDonald’s McRib sandwich may continue after a federal judge refused to throw out the lawsuit in its entirety.
Four consumers brought the suit in the U.S. District Court for the Northern District of Illinois, saying McDonald’s misrepresented the kind of pork used in the sandwich.
The plaintiffs argue that the company intentionally molds the McRib patty with ridges so it looks like a rack of ribs and markets it under a name that suggests the sandwich contains more expensive rib meat.
Judge Lets McRib Misrepresentation Claims Move Ahead
In the complaint, the consumers contend the sandwich is actually made with cheaper pork ingredients, allegedly including shoulder, heart, tripe or stomach, rather than true rib meat. They say that presentation leads shoppers to believe they are getting something different and causes them to pay more.
McDonald’s has denied the allegations and said its McRib is made with 100% U.S.-sourced pork. The company has also said the sandwich does not contain hearts, tripe or scalded stomach.
U.S. District Judge April Perry declined to dismiss the case completely, saying it was too early to conclude that no reasonable buyer would expect the McRib to contain rib meat.
The judge further noted that McDonald’s website identifies the sandwich as pork-based without giving the sort of detailed explanation that would require customers to do extensive research before buying a fast-food meal.
As a result, the claims for consumer deception, fraud and unjust enrichment can proceed. Other claims were dismissed without prejudice, leaving the plaintiffs the option to refile them later.
The ruling does not say McDonald’s misled customers or that the ingredient allegations are true. It only allows the central allegations in the proposed class action to continue through the court process.
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