McRib Lawsuit: Judge Lets McDonald's Class Action Proceed

The McRib lawsuit is a proposed class action, Le v. McDonald's Corporation (No. 1:25-cv-15609), which claims the McRib contains no pork rib meat despite its name and rib-shaped patty. On Friday, October 30, 2026, U.S. District Judge April M. Perry in Chicago refused to throw the case out and let part of it go forward, according to Reuters and the court docket.

That ruling is not a verdict. As of October 31, 2026, every claim in the case is an allegation that McDonald's denies and no court has found true. No class has been certified, and there is no settlement or claim form, so McRib buyers have nothing to sign up for yet.

What the McRib lawsuit alleges

Four McRib buyers filed the 45-page complaint on December 23, 2025. Its central claim is that the McRib "does not contain any actual pork rib meat at all," even though the patty is shaped like a rack of ribs. It calls the name "a deliberate sleight of hand."

According to the complaint, the plaintiffs allege that:

• The patty uses cheaper pork. It names shoulder, heart, tripe and scalded stomach among the parts used.
• Rib meat costs more. It cites a USDA report for November 17, 2025 valuing rib meat at $152.32 per 100 pounds, against $108.84 for butt and $85.90 for loin.
• The McRib is priced as a premium item. It says the sandwich averaged $5.63 during its December 2024 run and reached $7.89 at some locations, while a Big Mac averaged $5.29.
• Buyers were misled. Surveys by the plaintiffs' own expert found 155 of 215 respondents (72%) expected rib meat, and 118 of 174 (67%) said that mattered to their decision.

The plaintiffs say they would not have bought it, or would have paid less, had they known. They want a certified class, an order stopping the naming and marketing they challenge, and damages, penalties, fees and interest "in an amount to be proven at trial." No dollar figure is given.

The McDonald's McRib class action lawsuit: court and plaintiffs

The case sits in the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago, McDonald's home city. The CourtListener docket shows it was randomly assigned to Judge Perry on December 29, 2025, with Magistrate Judge Maria Valdez designated.

The named plaintiffs are Peter Le of Baldwin Park, California; Charles Lynch of Poughkeepsie, New York; Dorien Baker of Chicago; and Darrick Wilson of Washington, D.C., as listed in the complaint and by CBS Chicago. (One line of the complaint spells Wilson's first name "Derrick".) Their lawyer is Thiago M. Coelho of Wilshire Law Firm; McDonald's is represented by Shook, Hardy & Bacon.

The complaint proposes a nationwide class of US residents who bought a McRib from four years before the filing onward, plus California, New York, Illinois and District of Columbia subclasses. It pleaded 16 counts, including fraud, breach of warranty, breach of contract, unjust enrichment and state consumer-protection claims. An amended complaint followed on March 19, 2026; it is not free to read online, so the current counts may differ.

What the judge ruled on October 30

McDonald's moved to dismiss on February 26, 2026, then filed a new motion on April 10 against the amended complaint, with briefing closing on May 14. Fox Business reports that Perry let the consumer deception, fraud and unjust enrichment claims go forward and dismissed five other claims without prejudice, which generally leaves room to refile them. The order itself (docket entry 28) is not free online, and the reports do not say which five claims were dropped.

Reuters summarised her reasoning:

• It is too early to accept that no reasonable consumer could expect rib meat. Perry wrote: "Plaintiffs' proffered understanding of 'McRib' is not unreasonable or fanciful."
• McDonald's website describes the meat only as pork, and buyers of a $7 fast-food sandwich need not research it first.
• Ads stressing the rib-like shape could support a claim of intent to defraud, though more proof is needed.

Fox Business adds that Perry rejected the idea that the trademarked name shields McDonald's, noting that names like McChicken and Egg McMuffin do describe their ingredients. At this stage a court only asks whether the complaint, taken as true, states a plausible claim, as McDonald's own motion sets out. The ruling does not decide whether the allegations are correct.

McDonald's response

McDonald's denies the allegations. After the ruling, it said in a statement reported by Reuters that it does not use hearts, tripe or stomach in the McRib and has always been open about its ingredients: "This lawsuit distorts the facts and the claims are meritless."

In January it told USA TODAY the suit "distorts the facts and many of the claims are inaccurate," adding: "Our fan-favorite McRib sandwich is made with 100% pork sourced from farmers and suppliers across the U.S." TODAY carried the same statement, and CBS Chicago reported the company saying those organ parts are banned from all its pork products.

The McRib page on McDonald's US website lists the patty's ingredients as pork, water, salt, dextrose and rosemary extract. In its February motion to dismiss, McDonald's argued that "reasonable consumers are not fooled by distinctive product names," comparing McRib to the Shamrock Shake and "boneless wings," and called the name "not a promise the patty contains any particular cut of pork meat."

What a class action means, and can you join or claim?

A class action lets a few named plaintiffs sue for a larger group. Under Federal Rule of Civil Procedure 23, a judge must first certify the class, finding among other things that the group is too large for separate suits, that members share common questions, and that the named plaintiffs will represent them fairly. That has not happened here.

• No settlement, no claim form. As of October 31, 2026, nothing has been agreed or paid. Rule 23 allows a class settlement only with the court's approval, after notice to those who would be bound.
• No sign-up step. If a damages class is certified, members must get the best practicable notice, including how to opt out.
• Be wary of "McRib settlement" offers. None has been announced; the court docket is where to confirm any official notice.

This is general information, not legal advice. If you think you have a claim, speak to a licensed attorney.

Is the McRib available in 2026?

Yes, in some places. McDonald's told USA TODAY the McRib would return regionally for a limited time from Tuesday, October 27, in cities including Los Angeles, Chicago, Miami, Atlanta, Philadelphia and Dallas. WSMV's CNN Newsource report lists five of those, without Philadelphia.

No end date has been announced. TODAY notes the return is earlier than the usual mid-to-late November comeback; in 2025, McDonald's Menu Spotter put it at November 11. The McDonald's app shows local availability. For the rest of the season, see our guide to McDonald's new holiday menu items.

What happens next

• An answer from McDonald's. After a motion to dismiss is denied, Rule 12(a)(4)(A) generally allows 14 days after notice of the ruling to answer, unless the court sets another time. Any deadline in this order is not visible in the free docket.
• Possible repleading. The plaintiffs could try to revive the five claims dismissed without prejudice.
• Discovery, then class certification. The plaintiffs must still ask the court to certify a class under Rule 23.

Plaintiffs' lawyer Thiago Coelho said, according to Reuters, that his clients will keep seeking accountability for what they call deceptive marketing. The free CourtListener docket lists new filings; PACER holds the full record.

Our take

This is an early win for the plaintiffs, not a finding against McDonald's. As reported, the judge's point is narrow: whether shoppers read "McRib" as a promise of rib meat needs evidence. Her wording echoes the "fanciful interpretations" test McDonald's itself invoked, and she found the plaintiffs' reading passed it.

The harder tests are ahead. The survey figures come from the plaintiffs' own expert and will be challenged, and proving a nationwide price premium is a separate hurdle at certification. Chains have faced similar suits over how food looks in ads, as Rolling Out and Reuters note. For now, buyers have nothing to file.

Frequently asked questions

Is there a McRib lawsuit settlement or claim form?

No. As of October 31, 2026, there is no settlement, no payout and no official claim form in Le v. McDonald's Corporation. Under Federal Rule of Civil Procedure 23, any class settlement would need the court's approval and notice to class members, so check the court docket before giving personal details to any site.

Can I join the McRib class action?

There is no sign-up step. The court has not certified a class yet; if it certifies a damages class, members would receive court-approved notice explaining their rights, including how to opt out. This is general information, not legal advice.

What did the judge rule in the McRib lawsuit?

On October 30, 2026, U.S. District Judge April Perry denied McDonald's motion to dismiss in part. Fox Business reports the consumer deception, fraud and unjust enrichment claims go forward and five other claims were dismissed without prejudice. The ruling does not find that McDonald's misled anyone.

What does McDonald's say is in the McRib?

McDonald's says the McRib is made with 100% pork from US farmers and suppliers and that it does not use hearts, tripe or stomach. Its website lists the patty ingredients as pork, water, salt, dextrose and rosemary extract.

Is the McRib back in 2026?

Yes, regionally. McDonald's told USA TODAY it would return for a limited time from October 27, 2026 in cities including Los Angeles, Chicago, Miami, Atlanta, Philadelphia and Dallas. No end date has been announced; the McDonald's app shows local availability.

Sources

1. Le v. McDonald's Corporation, 1:25-cv-15609 (N.D. Ill.) docket, CourtListener (Free Law Project)
2. Class Action Complaint, Le v. McDonald's Corporation, ECF No. 1 (Dec 23, 2025), U.S. District Court, N.D. Illinois (via RECAP)
3. McDonald's Corporation's Motion to Dismiss, ECF No. 19 (Feb 26, 2026), U.S. District Court, N.D. Illinois (via RECAP)
4. McDonald's must face lawsuit over McRib, US judge rules, Reuters (via AOL)
5. McDonald's McRib lawsuit moves forward after federal judge's ruling, Fox Business
6. Judge blocks McDonald's effort to end McRib suit, Rolling Out
7. Lawsuit accuses Chicago-based McDonald's of deception on grounds that McRib has no rib meat, CBS News Chicago
8. McDonald's says class action McRib lawsuit 'distorts the facts', USA TODAY (via Yahoo)
9. McDonald's Sued Over McRib: What to Know About the Class Action Lawsuit, TODAY
10. McRib, McDonald's USA
11. The McRib is coming back to McDonald's. See where, USA TODAY (via Yahoo)
12. The McRib Is Back — But Only in Select Cities. How to Find the Elusive Sandwich, TODAY
13. McDonald's McRib returns this week, only in these cities, WSMV (CNN Newsource)
14. McDonald's USA Menu Spotter, McDonald's Corporation
15. Rule 23. Class Actions, Federal Rules of Civil Procedure, Cornell Law School Legal Information Institute
16. Rule 12. Defenses and Objections, Federal Rules of Civil Procedure, Cornell Law School Legal Information Institute

How we wrote this

GessyMorgan explainers are built from public reporting and official sources. This post draws on the 16 sources listed above, each linked where we use it. It was drafted with AI assistance and checked against those sources before publishing. We did not test products, attend events or interview anyone for this article. Facts are current as of October 31, 2026, and we update the post when they change.