Judge Lets $7 McRib Pork-Content Lawsuit Proceed Against McDonald's

Q: If the McRib contains pork but not rib meat, did its name and shape unfairly lead customers to pay more?

Possibly yes — and that is why the case is moving forward, though it has not been proven. The key issue is not whether the McRib contains pork. McDonald’s says it does, and that it does not use heart, tripe or stomach. The dispute is whether the name “McRib,” the patty’s rib-like ridges, and ads emphasizing its resemblance to ribs could reasonably make customers think they were buying rib meat, a cut often seen as more premium. Judge April Perry said it is too early to rule that no reasonable consumer would be misled. She noted that McDonald’s website described the sandwich only as containing pork, not specifically what cut, and said consumers should not be expected to investigate ingredients before buying a roughly $7 fast-food sandwich. She also said marketing focused on the rib-like shape could support an intent-to-defraud theory if later evidence backs it up. The plaintiffs’ argument is strengthened by survey evidence cited in court papers: 72% of respondents said they expected rib meat, and 67% said that mattered to their purchase decision. If those findings hold up, they support the claim that the sandwich’s branding may have led some people to pay a premium. McDonald’s still has substantial defenses. It argues “McRib” is a brand name, the product is accurately described as pork, and ingredient information has been available. So the fairest answer is that the branding may have unfairly influenced customers, but a court has not yet decided that it did.

3 articles · Updated · NBC News · Oct 31

A federal judge in Chicago refused to throw out a proposed class action claiming McDonald’s misled buyers into thinking the McRib contained rib meat.
Judge April Perry said it was too early to conclude that no reasonable consumer would expect rib meat, noting McDonald’s website describes the sandwich only as containing pork.
The suit alleges McDonald’s shaped the patty with rib-like ridges and used that appearance in ads, causing customers to overpay for one of its priciest menu items.
McDonald’s said the claims are meritless and denied using hearts, tripe or stomach in the McRib, though Perry dismissed only some parts of the case.
The ruling adds to a broader wave of fast-food marketing lawsuits, including cases over burgers allegedly shown larger in ads and menu boards than in stores.