A Sandwich By Any Other Name
I recently wrote about the man who sued Buffalo Wild Wings in federal court, accusing the chain of “false and deceptive marketing and advertising” of boneless wings, claiming that they are more like chicken nuggets since they do not contain chicken wing meat, violating various consumer protection laws. Judge John Tharp dismissed the case, ruling that “boneless wings are not a niche product for which a consumer would need to do extensive research to figure out the truth.”
The latest target of false food advertising is the McDonald’s McRib sandwich. In December, Dorien Baker, Peter Le, Charles Lynch and Derrick Wilson, four consumers from California, New York, Illinois and Washington, D.C., filed a complaint in the U.S. District Court for the Northern District of Illinois – the same court that decided the Buffalo Wild Wings case. The suit alleges that McDonald’s deceptively markets the McRib as containing pork rib meat, when it allegedly does not.
The popular sandwich was first introduced in 1981 in Kansas City. Inspired by South Carolina barbecue, the McRib was developed by Chef Rene Arend as a pork alternative to Chicken McNuggets. It did not sell well, so it was removed from the menu in 1985.
The sandwich has repeatedly been rebranded and brought back, however, often appearing for limited-time, fall-season runs. Like an aging rock band, the McRib has also had several “farewell” tours, notably in 2005, 2006, and 2022, but still frequently returns to select locations.
The class action lawsuit claims that the sandwich’s name, pricing and distinctive rib-shaped patty cause reasonable consumers to believe they are purchasing a premium pork rib product. Instead of being comprised of actual rib meat, the McRib is allegedly made from “restructured” pork using lower-grade cuts such as pork shoulder, heart, stomach and tripe, which is the edible, muscle-wall lining from the stomach chambers of ruminant animals.
“The name ‘McRib’ is a deliberate sleight of hand,” the complaint alleges, arguing that the word “rib,” combined with the patty’s shape, falsely signals a higher-quality cut of meat that typically commands a higher market price.
The plaintiffs cite the U.S. Department of Agriculture’s National Daily Pork Report, which notes that pork rib meat, including “baby back” and “spare ribs,” is considered a premium product and is significantly more expensive than other pork cuts. They accuse McDonald’s of capitalizing on that perception while charging consumers a premium price for the sandwich, which has sold for as much as $7.89 at some locations.
“McDonald’s deceptive omissions and misleading marketing have resulted in millions of dollars in consumer harm, warranting legal remedies including compensatory damages, restitution, and injunctive relief to prevent further deceptive advertising practices,” reads the suit.
McDonald’s USA released a statement responding to the suit, vehemently denying the plaintiffs’ claims. The popular fast foot chain insists the accusations are false and that the assertions in the complaint are inaccurate and “distort the facts.”
“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,” McDonald’s statement read. “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.”
As in all of these lawsuits, the plaintiffs allege they would not have purchased the McRib, or would have paid less for it, had they known it did not contain any actual pork rib meat.
I pray that Wendy’s releases a bunch of ads featuring an AI-generated Clara Peller yelling, “Where’s the pork?!”
Reg P. Wydeven
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