A federal class-action lawsuit accused McDonald’s of misleading consumers by marketing its popular McRib sandwich as if it consists of actual pork rib meat – when the plaintiffs alleged it doesn’t contain any.
The lawsuit, which was filed Dec. 23 in the Northern District of Illinois, was brought by four individuals who claimed the Chicago-based fast food giant deceives reasonable consumers who would “reasonably believe that a product named the ‘McRib’ will include at least some meaningful quantity of actual pork rib meat.”
However, the plaintiffs alleged the sandwich is actually constructed using ground-up portions of lower-grade pork products such as pork shoulder, heart and scalded stomach.
According to the McDonald’s website, the McRib consists of “seasoned boneless pork dipped in a tangy BBQ sauce, topped with slivered onions and tangy pickles, all served on a toasted homestyle bun.”
A total of 16 claims were listed in the suit including fraudulent omission or concealment, fraudulent misrepresentation, negligent misrepresentation, fraud, breach of contract and the violation of state consumer protection laws in California, Illinois, New York and Washington, D.C.
McDonald’s issued a statement to NBC Chicago following an inquiry on Sunday night:
“This lawsuit distorts the facts and many of the claims are inaccurate. Food quality and safety are at the heart of everything we do – that’s why we’re committed to using real, quality ingredients across our entire menu. Our fan-favorite McRib sandwich is made with 100% pork sourced from farmers and suppliers across the U.S. We’ve always been transparent about our ingredients so guests can make the right choice for them.”
The McRib’s history dates back decades, having first being introduced onto menus in 1981. In the years since, it returned on a limited-basis, which the lawsuit stated compounded “consumer confusion surrounding the true contents” of the item.
“This cycle of sporadic availability creates a sense of urgency that discourages deep consumer scrutiny and deters sustained discussion or scrutiny into its actual ingredients, which further bolsters thelongevity of consumer misconceptions regarding the sandwiches’ rib meat content,” the suit read, in part.
The plaintiffs are seeking class certification for anyone who purchased a McRib four years prior to the filing of the initial court complaint, damages for class members, restitution and injunctive relief “to prevent further deceptive advertising practices,” according to the suit.
In mid-November, the McRib returned to select parts of the country, including Chicago, Miami, Dallas, St. Louis, Atlanta, Seattle and Los Angeles. As usual, it’s only available for a limited time, though it’s unclear how long the sandwich will stay on menus this time.