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.
US District Judge April Perry in Chicago rejected the company’s bid to dismiss the lawsuit in its entirety, allowing consumer deception, fraud and unjust enrichment claims to proceed while dismissing five other claims without prejudice.
The lawsuit, filed by four consumers in December, alleges that McDonald’s designed the McRib patty to resemble 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.
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 submitted 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 important or very important to their purchasing decision, according to the court filing.
The ruling allows portions of the case to proceed but does not establish that McDonald’s engaged in deceptive advertising.
As FOX Business previously reported, the lawsuit alleges that the McRib contains lower-grade pork products, including pork shoulder, heart, tripe and stomach, rather than rib meat.
McDonald’s has denied the allegations, maintaining that the sandwich contains 100% pork sourced from US farmers and suppliers.
The company previously told FOX Business that it does not use heart, tripe or scalded stomach in the McRib patty.
McDonald’s argued that the sandwich’s name does not mislead reasonable consumers and that its publicly available ingredient list identifies pork as the primary ingredient.
Perry rejected the argument that the McRib’s trademarked name shields the company from deceptive marketing claims, noting that other McDonald’s products, including the McChicken and Egg McMuffin, have names that describe their ingredients.
A representative for McDonald’s 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 covered in barbecue sauce and topped with onions and pickles.
There are nearly 14,000 McDonald’s restaurants in the US and more than 45,000 worldwide.
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