Why Is McDonald's Being Sued Over the McRib?
A judge is allowing a class-action lawsuit to proceed.
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McDonald’s has many iconic menu items, from the Happy Meal to the Big Mac. One way the quick-service chain has kept its brand distinct is by using its “Mc” to rename a number of its offerings, from McNuggets to McCafé coffee — and the beloved limited-time-only McRib, known for its unique rack-of-ribs-shaped patty and fervent fanbase.
The sandwich came back to menus at the end of October. But fans may want to take note: A recent ruling from the United States District Court in Chicago will allow a class-action lawsuit to proceed over the popular perennially-appearing sandwich.
Why is McDonald’s being sued over the McRib?
The plaintiffs in the lawsuit, filed last December, claim McDonald’s is essentially misleading customers by selling the McRib as a premium pork product without disclosing that it does not contain pork rib meat. The plaintiffs involved also allege the McRib is actually made from low-grade cuts of pork, a claim which McDonald’s denies.
“This lawsuit distorts the facts and the claims are meritless,” McDonald’s said in a statement last January. “Our fan-favorite McRib sandwich is made with 100 percent pork sourced from farmers and suppliers across the U.S.,” the company wrote. “There are no hearts, tripe or scalded stomach used in the McRib patty as falsely alleged in this lawsuit.”
While some parts of the class-action lawsuit were dismissed, federal Judge April M. Perry was not convinced that the complaint was completely meritless.
“The court is not persuaded by defendant’s many arguments that it would be unreasonable or fanciful to think the McRib contains rib meat,” she said in ruling on Friday, October 30.
Perry also wrote that, when it comes to items like dinosaur nuggets or McFlurry treats, a consumer would not expect to be purchasing literal dinosaur meat or snowstorms. But McDonald’s naming of items like the McChicken, which does contain chicken, essentially left the door open for consumers to assume something called a McRib was made from rib meat. As Perry wrote in the decision, “on the spectrum of literal to symbolic, the McRib is arguably much closer to the literal, given that rib meat actually exists in a way that dinosaur meat and tiny snowstorms in a cup do not.”
The class-action suit seeks as yet undisclosed monetary damages and changes in advertising practices. Importantly, the ruling does not imply liability by McDonald’s, just that the plaintiffs and defendant may continue to provide further evidence to make their case. McDonald’s has until November 20 to submit a response to the complaint.
So, what is the McRib made from?
According to the McDonald’s website, the McRib patty contains “seasoned boneless pork.” Back in 2013, McDonald’s told ABC News that the McRib is made from pork shoulder. Additional ingredients include water, salt, dextrose and rosemary extract.
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