By Jonathan Stempel
Oct 30 (Reuters) – A federal judge on Friday rejected McDonald’s request to dismiss a proposed class action accusing it of defrauding consumers about the content of its McRib sandwich.
The plaintiffs accused McDonald’s of intentionally shaping McRib patties with ridges to resemble pork ribs and make diners believe the sandwich contains rib meat, an expensive cut known for its higher fat content and rich flavor.
Consumers said McDonald’s actual use of lower-grade pork products including shoulder, heart, tripe or stomach caused them to overpay for the McRib, one of its most expensive menu items.
While dismissing some claims, US District Judge April Perry in McDonald’s hometown of Chicago called it premature to accept the company’s argument that no reasonable consumer could expect the McRib to contain rib meat.
She said McDonald’s website describes the sandwich only as containing pork, and reasonable consumers need not do research before buying a $7 fast-food sandwich.
The judge also said ads highlighting the meat’s rib-like shape could support a claim of intent to defraud, though further proof was needed.
“Plaintiffs’ proffered understanding of ‘McRib’ is not unreasonable or fanciful,” Perry wrote.
McDonald’s has sold the McRib periodically since 1981.
It contended that 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 and its lawyers did not immediately respond to requests for comment. Thiago Coelho, a lawyer for the plaintiffs, said his clients will continue seeking accountability for deceptive marketing.
Fast-food chains have faced other lawsuits over product depictions in ads and on menu boards.
These include cases accusing McDonald’s, Burger King and Wendy’s of making burgers appear larger than they actually are.
(Reporting by Jonathan Stempel in New York; editing by David Gaffen)
