A lawsuit accusing McDonald’s of false advertising when it comes to its McRib sandwich likely will do little to damage the fast-food giant’s reputation. However, consumers might feel the burger chain is taking advantage of them, experts told The Food Institute.
The McRib is marketed as a premium sandwich, coming out sporadically. This year, the price tag is as much as $7.89, WMAQ-TV in Chicago reported.
“A lot of people might think this is a silly lawsuit, but if you are marketing it as a McRib, even shaping it like ribs, and it comes out sporadically as a premium sandwich – and if the facts are that there is no rib meat in it, then consumers are being taken advantage of,” attorney Vineet Dubey told FI.
But consumer attorney and author Danny Karon, who teaches law at University of Michigan and The Ohio State University, said it’s likely consumers just won’t care.
“Here’s a news flash: A McDonald’s McRib sandwich doesn’t contain real bones either, even though it’s shaped that way,” Karon said. “This is a silly case, no different than the Subway 12-inch case, where Subway was sued for allegedly providing 11 inches of sandwich though advertising a footlong product.”
The McDonald’s website describes the McRib as a seasoned boneless pork product dipped in barbecue sauce. It makes no mention of rib meat.
“The name ‘McRib’ is a deliberate sleight of hand,” the lawsuit says. “McDonald’s willfully, falsely, and knowingly omitted various material facts regarding the quality and character of the McRib — namely, that despite its name and distinctive rib-like shape, it does not actually contain any actual pork rib meat. McDonald’s knew these facts would be material to reasonable consumers but still chose not to disclose them.”.
McDonald’s rejected the lawsuit, saying it distorts facts and makes inaccurate claims
“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 said in a statement to WMAQ. “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.”
Attorney Arthur Dermendjian told FI lawsuits like this come down to what consumers are led to believe.
“The issue is really whether people are being misled into thinking they’re getting a better cut of meat than what’s actually in the McRib,” Demendjian said. “Personally, I don’t think anyone goes into a McDonald’s expecting a five-star meal. I know I don’t. But that doesn’t give the company a free pass to exaggerate or misrepresent what it’s selling. If their ads make it seem like they’re using premium ingredients when they aren’t, that’s a legitimate false advertising claim.”
Nonetheless, attorney and George Washington University law Professor Wayne Cohen said McDonald’s may have to crank up the public relations machine to keep its reputation intact and help control the narrative to limit damage to the rest of its menu.
McRib was first introduced in 1981 and has been making sporadic appearances ever since. The current campaign began in November in select cities. The lawsuit, which is seeking class-action status in an Illinois circuit court, says such limited distribution makes the issue that much more salient, creating an air of urgency that pressures consumers to buy the sandwich.
Food for Thought Leadership
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Snacking in the U.S. has been on the rise for many years, but is this a global phenomenon? Sabine Schommer, Director, ISM, and Guido Hentschke, Director, ProSweets Cologne and ISM Ingredients, explore European and global snacking trends, and how the trio of ISM, ISM Ingredients, and ProSweets Cologne serve as a meeting place for the global snacking industry.
