McDonald's must face lawsuit over McRib, US judge rules
MCD•A federal judge rejected McDonald's request to dismiss a proposed class action alleging the company misled consumers about the pork in its McRib sandwich. The judge said claims that the sandwich's shape and advertising could support an intent-to-defraud allegation may proceed, though further proof is needed.
1. Lawsuit moves forward
U.S. District Judge April Perry rejected McDonald's request to dismiss a proposed class action accusing the company of defrauding consumers about the McRib's contents. She called it premature to accept the company's argument that no reasonable consumer could expect the sandwich to contain rib meat.
2. Claims over pork and advertising
The plaintiffs allege McDonald's shaped McRib patties with ridges to resemble ribs and used lower-grade pork products, including shoulder, heart, tripe or stomach. Perry said the rib-like shape in advertisements could support a claim of intent to defraud, but plaintiffs would need further proof. McDonald's website describes the sandwich as containing pork, and Perry said consumers need not research a $7 fast-food sandwich before buying it.
3. Company response
McDonald's argued that distinctive product names do not fool reasonable consumers and that a preference for a particular cut of pork does not make its marketing fraudulent. The company and its lawyers did not immediately respond to requests for comment; a lawyer for the plaintiffs said they would continue seeking accountability. McDonald's has sold the McRib periodically since 1981.
