Judge won’t dismiss McRib class-action lawsuit against McDonald’s

Judge won't dismiss McRib class-action lawsuit against McDonald's. Mike Snider USA TODAY.

Key points

• District Judge April Perry dismissed some claims but remarked, in an opinion issued Oct.
• McDonald's has sold the McRib periodically since 1981 and the sandwich is at present available in select U.S.
• In-N-Out Burger: Burger chain may be headed to these 3 states next.
• Thiago Coelho, a lawyer for the plaintiffs, remarked his clients will continue seeking accountability for deceptive marketing.
• Though ‌further ⁠proof was needed, the judge additionally stated ads highlighting the meat's rib-like shape could backing a claim of intent to defraud.

Judge won't dismiss McRib class-action lawsuit against McDonald's. Mike Snider USA TODAY. McDonald's facing class-action lawsuit over McRib.

Meanwhile, a class-action lawsuit has been filed in the state of Illinois by a group of plantiffs who say McDonald's lied regarding what the McRib is produced of. Fox – 5 Atlanta.

For context, a federal judge has rejected McDonald's request to dismiss a proposed class-action lawsuit alleging the fast-food giant has defrauded customers regarding the meat employed in its McRib sandwich.

U.S. District Judge April Perry dismissed some claims but remarked, in an opinion issued Oct. 30, that it was premature to to accept the company's argument that no reasonable consumer could expect the McRib to contain rib meat.

Four plaintiffs in the case, filed in U.S. District Court in Northern Illinois, argue the McRib's name, its shape, marketing, limited availability, "and premium price causes reasonable consumers to mistakenly believe the sandwich contains the more expensive rib meat, " according to the opinion.

In practice, the lawsuit alleges McDonald's uses lower-grade pork products including shoulder, heart, tripe or stomach – and consequently, consumers overpay for the sandwich.

McDonald's maintained that it does not employ hearts, tripe or stomach in the McRib, and has always been transparent concerning its ingredients, in an official note to Reuters. "This lawsuit distorts the facts and ⁠the claims are meritless, " the statement remarked.

McDonald's has sold the McRib periodically since 1981 and the sandwich is at present available in select U.S. Markets. The firm contended distinctive product names do not fool reasonable consumers, and the plaintiffs' preference for a certain cut of pork "doesn't turn McDonald's truthful marketing into ⁠consumer fraud."

McDonald's website describes the sandwich only as containing pork, Perry remarked in the opinion, but "the Court cannot conclude that it would be unreasonable for a consumer to believe that the McRib contains rib meat."

Though ‌further ⁠proof was needed, the judge additionally stated ads highlighting the meat's rib-like shape could backing a claim of intent to defraud. "Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful, " Perry wrote.

Thiago Coelho, a lawyer for the plaintiffs, remarked his clients will continue seeking accountability for deceptive marketing. Contributing: Saleen Martin, USA TODAY, and Reuters.

Mike Snider is a national trending news reporter for USA TODAY. You can follow him on Threads (mikegsnider), Bluesky (@mikegsnider.bsky.social), X (@mikesnider) and email him [email protected]. Share your feedback to support improve our site!

For now, judge wont dismiss McRib class-action lawsuit against McDonalds remains the part of the story worth watching, and further updates are likely as more details are confirmed.