Lawsuit Alleges McDonald’s McRibs Has No Rib Meat
A common sales tactic is to offer a product for a limited time, even if it is popular with customers. By offering a limited window, the business can drive interest and increased sales during this select window. What happens, though, if the product during this limited window allegedly isn’t what the company claims it is?
The McRib sandwich was introduced by McDonald’s in 1982. It quickly became one of the fast food chain’s most recognizable items. McDonald’s usually offers the McRib for limited periods to build anticipation for the sandwich. During these brief periods, McDonald’s announces their offer with ad campaigns. The McRib costs more than many menu items, about $5.63 in December 2024 at some locations.
The lawsuit alleges that, despite the name, the McRib sandwich doesn’t contain any actual pork rib meat at all. Instead, the McRib contains “a lower-quality restructured meat product that did not contain any actual pork rib meat.” The lawsuit makes 16 legal claims, including fraud, breach of warranty, contract violations, and violations of various state consumer protection laws. It seeks to represent a nationwide class of customers who purchased a McRib in the last four years, along with specific customers in California, New York, Illinois, and Washington, D.C.
McDonald’s denies the allegations and claims that the McRib uses 100 percent boneless pork with BBQ sauce, onions, and pickles.
Products That Allegedly Don’t Match Advertisements are Not Always False or Fraudulent
Businesses can be liable for false advertising if they publish an advertisement that contains misleading, deceptive, or untrue statements to sell their products. A product that contains or doesn’t contain a component that is explicitly promised by an advertisement may constitute false advertising. Some common types of false advertising include:
- Adding misleading information;
- Making inconsistent or incomplete comparisons to competitors’ products;
- Using deceptive images;
- Advertising a certain price without reference to additional fees;
- Claiming a company is having a “going out of business” sale to raise prices; and
- Applying bait and switch tactics, i.e., advertising one product, substituting with a similar, more expensive product, and claiming the advertised product is sold out.
The foundation of the false advertising claim would be misleading information, i.e., claiming that the McRib contains ribs when, allegedly, it does not contain any rib meat.
Even if a McRib doesn’t have ribs in it, which McDonald’s denies, then it’s questionable whether the absence of ribs was intentional. If it’s an oversight, then McDonald’s might have a product liability issue, but not fraud. McDonald’s would have to knowingly sell a McRib without rib meat for the advertising to become fraudulent. Otherwise, it’s just a mistake and likely a defect with certain sandwiches rather than an effort to trick customers.
Do I Need an Attorney for Help with False Advertising Issues?
A skilled business lawyer can be a valuable asset for your claim regarding false advertising. Alawyer who handles false advertising cases on a regular basis will already be familiar with the laws that apply, will know which claims are strong enough to make it to court, and will be able to predict the possible outcomes of your case based on the relevant facts.
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