McRib Class Action: Why McDonald’s Keeps Fighting Dismissal

The McRib class action is a proposed lawsuit claiming McDonald's boneless pork sandwich misleads buyers about rib meat. McDonald's keeps fighting dismissal because U.S. District Judge April Perry kept fraud and deception claims alive on Oct. 30, 2026. The case is Le et al.

v. McDonald's Corp., No. 1:25-cv-15609 in the Northern District of Illinois. Law Commentary reported it was filed Dec. 23, 2025 by four consumers seeking to represent McRib buyers.

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What buyers claim about the McRib

Reuters reported the plaintiffs say the ridged patty shape, McRib name, advertising and premium price imply costlier rib meat Reuters report on the McRib ruling. They say that impression caused them to overpay.

The complaint says the patty is restructured pork from lower-grade cuts. Law Commentary reported those alleged cuts include shoulder, heart, tripe and stomach Law Commentary analysis of the McRib complaint.

Why the judge would not dismiss the case

Judge Perry said it was premature to hold that no reasonable consumer expects rib meat. A dismissal motion tests pleadings early, so she left that consumer-perception question for later proof.

She kept consumer-deception, fraud and unjust-enrichment claims alive. She dismissed five other claims without prejudice with leave to amend. Law Commentary reported she noted surveys finding 72% expected rib meat and 67% called it important.

How McDonald's defends the sandwich

Money Talks News, reporting a Reuters statement, said McDonald's calls the McRib 100% pork from U.S. farmers and suppliers Money Talks News report on McDonald's response. It denies using heart, tripe or scalded stomach and calls the claims meritless distortions.

McDonald's argued the name describes flavor and presentation. It said distinctive names do not deceive reasonable buyers. It also pointed to its website listing pork, water, salt, dextrose and rosemary extract.

What McRib buyers should do now

The ruling decides nothing on liability. The proposed class is not certified, so plaintiffs must still prove deception and obtain certification before other buyers are affected.

McDonald's must now defend on the merits while selling the McRib in select markets. There is no claim form and no payment now. Readers watching the case can take practical steps: Certification will decide who, if anyone, the case covers.

  • Save McRib receipts and card statements with dates and locations
  • Watch for class certification, settlement, or a court-approved claims notice
  • Do not submit personal information to unofficial claim sites

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