McDonald’s efforts to quash a proposed class action lawsuit over its McRib sandwich have fallen short with a federal judge overseeing the case. That means the restaurant chain could face allegations that it has defrauded customers about the contents of the popular sandwich.
Using the name “McRib,” argues the group suing the company, implies that the sandwich actually contains rib meat, a premium cut that has rich flavor because of its higher fat content. Instead, the suit claims, the McRib is made up of shoulder, heart, tripe or stomach, which cost much less. The possible misunderstanding, plaintiffs say, results in consumers overpaying for the sandwich, believing they were buying a higher quality meat.
U.S. District Judge April Perry dismissed some of the claims in the suit, but did not accept the argument from McDonald’s that no reasonable consumer would expect the McRib to be made of rib meat.
McDonald’s, in a statement to Moneywise, did not address the ruling, but strongly denied the lawsuit’s allegations.
“This lawsuit distorts the facts and the claims are meritless,” it said. “Food quality and safety are at the heart of everything we do – that’s why we’re committed to using real, quality ingredients across our entire menu. Our fan-favorite McRib sandwich is made with 100% pork sourced from farmers and suppliers across the U.S. – there are no hearts, tripe or scalded stomach used in the McRib patty as falsely alleged in this lawsuit. We’ve always been transparent about our ingredients so guests can make the right choice for them.”
Focus on shape
Part of the crux of the case is the unique shape of the meat in the sandwich. Unlike a uniform round shape, as is common in hamburgers, the McRib’s meat is in a rib-like shape. The judge said ads that highlight that shape could support the plaintiffs’ claim of intent to defraud, but she did say additional proof would be needed.
This isn’t the first time McDonald’s has faced a legal fight over the marketing of its sandwiches. In 2022, the chain and Wendy’s were accused of defrauding customers by making their sandwiches appear bigger than they actually were in advertisements. A judge ultimately dismissed those lawsuits — and similar suits against Burger King, Arby’s and Taco Bell were also thrown out.
While some customers are upset enough about the McRib to take legal action, others can’t get enough of the menu item.
The McRib is one of the most anticipated sandwiches for McDonald’s super fans, often popping up for a short time with little to no warning. Some enterprising fans have even crowd sourced their devotion for the sandwich and created the McRib locator, which shows which stores throughout the country are selling the sandwich (though the accuracy is spotty).
McDonald’s raised eyebrows in 2022, when it dubbed the return of the sandwich the “McRib Farewell Tour”.
Of course, if the music industry has taught us anything, it’s that “farewell” tours don’t always mean the end. The McRib, in fact, had its first “farewell tour” in 2005, repeating that marketing stunt for the next three years.
The McRib made its debut in 1981, but was pulled from the menu four years later due to poor sales. It made another run from 1989 through 2005. Since then, it has been a seasonal offering.
Chris Morris is a US based veteran journalist with more than 35 years of experience at many of the biggest digital news outlets. In addition to his activities as a writer, reporter and editor, Chris is also a frequent moderator and speaker at major conferences, including CES and South by Southwest.
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