The McRib may truly only be back for a limited time.
On Oct. 30, U.S. District Judge April M. Perry in Chicago ruled that a proposed class-action McRib lawsuit against McDonald’s can move forward. Filed by four consumers last December, the suit says the highly popular sandwich contains no rib meat. The plaintiffs allege the patty is made from cheaper pork parts like shoulder, heart and tripe and pressed into the shape of a rack of ribs.
The company describes the meat as “seasoned boneless pork,” according to The New York Times, and lists its ingredients on its website. It argued that the “Mc” prefix only marks the sandwich as a McDonald’s product and doesn’t promise rib meat. McDonald’s also denies using organ meat.
But Perry didn’t buy it. Sure, a McFlurry may not contain a literal flurry, but she found it reasonable for a customer to expect rib meat in something called the McRib. “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 wrote. The suit seeks unspecified damages and an end to the McRib’s current marketing. Perry dismissed five claims but let the deception, fraud and unjust enrichment claims proceed.