The McRib lawsuit asks whether a menu name is a promise
A federal judge let a case over the McRib's alleged lack of rib meat proceed. Whatever the verdict, it tests whether fast-food names can mean anything they like.
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If a sandwich is called the McRib and, as the plaintiffs allege, there is no rib meat in it, is the name a lie? That sounds like a bar argument, but it is now a federal case, and it deserves more serious attention than a joke about mystery meat.
A judge didn't say McDonald's lied. She said the question is fair
The facts are modest. As NBC News reports, US District Judge April Perry in Chicago rejected McDonald's request to dismiss a proposed class action accusing it of misleading customers about the McRib. Some claims were dropped, but consumer deception, fraud and unjust enrichment claims go forward. The plaintiffs allege that the ridged patty and the name suggest rib meat, when the sandwich uses lower-grade pork.
McDonald's denies it. It says the McRib is 100% pork from US farmers and suppliers, that it does not use heart, tripe or stomach, and that it has always been transparent about ingredients. The ruling, it is worth repeating, establishes nothing about what is in the patty. It only says the case can't be thrown out at this stage.
A name is the only ingredient list most of us read
The judge's most interesting line is almost a shrug: reasonable consumers need not do research before buying a $7 fast-food sandwich. In our view, that is the heart of the matter. McDonald's argues that the name doesn't mislead and that its ingredient list names pork as the main ingredient. But nobody reads a menu board as a legal document. The name is the product description, the ad and the price justification in two syllables.
Perry also rejected the idea that the trademarked name shields the company, noting that other McDonald's items, such as the McChicken and the Egg McMuffin, have names that describe what is inside. That is a neat trap for the defense. The company can't easily argue that its names are pure branding when so many of them work as plain labels.
The plaintiffs also cite surveys, according to the New York Post: 72% of respondents expected rib meat in the McRib, and 67% called it important or very important to their purchase. Those are the plaintiffs' surveys, so treat them accordingly. Still, we suspect many readers would have guessed the first number without a poll.
The defense has a real point, and it's called the McRib's whole personality
Here is the counterargument, and it isn't silly. The McRib is a joke the whole country is in on. It debuted in 1981, per Mint's recap, as a boneless, restructured pork patty, and its cult status rests on its artificiality. Fans track its limited returns and McDonald's has staged repeated "farewell tours" that never quite farewelled. Its own CEO has called it "the GOAT of sandwiches on our menu." If anyone knows what a McRib is, it's the people who queue for it.
But that argument proves less than it seems. Fandom is not the same as the average customer, and a sandwich that costs as much as $7.89 before tax at some outlets, according to the complaint, is priced like a premium item. Scarcity plus price plus a rib-shaped patty is exactly the combination that lets a name do heavy lifting. Irony is a great marketing asset until someone asks you to defend it in court.
What to watch: the verdict matters less than the precedent
We would not bet on the plaintiffs winning. Proving intent to defraud is a high bar, and the judge herself said further proof was needed. But the case sits in a line of suits over how fast food looks in ads, including claims that burgers are made to look larger than they are. The pattern is that courts are being asked to decide what the public may reasonably assume about a food it can't inspect before paying.
Our verdict: this is a healthy test, whatever the outcome. If "McRib" is protected because it is a brand and not a description, then restaurants should say so plainly and stop leaning on the shape of the patty. If it isn't, expect menu writers to get a lot more literal. For the rest of us, the lesson is boring and useful: the name is a hint, the ingredient list is the contract. And if you are a McRib fan, nothing here changes your sandwich. It changes how long a company can wink at you.
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