McDonald’s McRib lawsuit moves forward after federal judge’s ruling

A ‘Barron’s Roundtable’ panel discusses how the fast-food chain will manage the pressure on consumers’ wallets. A federal judge ruled Friday that McDonald’s must face a proposed class-action lawsuit accusing the fast-food giant of misleading customers about the meat used in its popular McRib sandwich. U.S. District Judge April Perry in Chicago rejected the company’s attempt to dismiss the lawsuit in its entirety, allowing the consumer deception, fraud and unjust enrichment claims to proceed, while dismissing five other lawsuits without prejudice. The lawsuit, filed by four consumers in December, alleges that McDonald’s designed the McRib burger to look like a rack of pork ribs despite containing no actual rib meat. The plaintiffs argue that the sandwich’s name, appearance and marketing mislead customers into believing they are purchasing a more expensive cut of pork. MCDONALD’S HITS WITH LAWSUIT CLAIMING MCRIB CONTAINS NO REAL RIB MEAT McDonald’s must face a proposed class action lawsuit that accuses the fast food giant of misleading customers about the meat used in its popular McRib sandwich. (David Paul Morris/Getty Images, File/Getty Images) Perry determined that it was too early to conclude that consumers could not reasonably expect the sandwich to contain rib meat, citing allegations about its marketing and consumer surveys filed by the plaintiffs. One survey found that 72% of respondents expected the McRib to contain rib meat, while another found that 67% considered rib meat to be important or very important to their purchasing decision, according to the court filing. The ruling allows parts of the case to proceed, but does not establish that McDonald’s engaged in false advertising. THE GROUP LED BY NELSON PELTZ OFFERS TO BUY WENDY’S FOR $1.4 billion There are almost 45,000 McDonald’s restaurants around the world. (Edgar Su/Reuters, Reuters File/Photos) As previously reported by FOX Business, the lawsuit alleges that the McRib contains lower-quality pork products, including pork shoulder, heart, tripe and stomach, instead of rib meat. McDonald’s has denied the allegations, maintaining that the sandwich contains 100% pork sourced from American farmers and suppliers. The company previously told FOX Business that it does not use heart, guts or blanched stomach in the McRib burger. McDonald’s argued that the sandwich’s name does not mislead reasonable consumers and that its publicly available ingredients list identifies pork as the main ingredient. Ticker Security Last Change Change % MCD NO DATA AVAILABLE – – – Perry rejected the argument that the McRib trademark name protects the company from misleading marketing claims, noting that other McDonald’s products, including McChicken and Egg McMuffin, have names that describe their ingredients. GET FOX BUSINESS ON THE GO BY CLICKING HERE A McDonald’s representative did not immediately respond to FOX Business’ request for comment. Introduced in 1981, the McRib has developed a loyal following through its periodic, limited-time returns to McDonald’s menus. The sandwich features a boneless pork patty slathered in barbecue sauce and topped with onions and pickles. There are nearly 14,000 McDonald’s restaurants in the United States and more than 45,000 worldwide.