The
Grocerant Guru® Steven Johnson
examines the McRib lawsuit, the value of product differentiation, trademarked
food identities, and why familiar food concepts with a twist are what keep
brands relevant.
There
is a fundamental misunderstanding about food marketing at the center of the
lawsuit against McDonald’s
over its McRib sandwich: A branded food product is not necessarily a literal
description of the ingredients or the specific cut of meat used to make it.
That
distinction matters.
McDonald’s
did not introduce a menu item called the Premium Pork Rib Sandwich. It
introduced the McRib®. A distinctive, trademarked product name that has become
part of the company's food marketing vocabulary and consumer recognition.
The
McRib is not being sold
as a rack of barbecue ribs placed between two pieces of bread. It is a
seasoned, boneless pork sandwich with barbecue sauce, onions and pickles,
presented in a familiar rib-like shape.
That
is product development. That is branding. That is differentiation.
And,
from the perspective of the Grocerant
Guru®, that is precisely what successful food marketers should be doing.
The
lawsuit deserves scrutiny, but so does the larger question: Should food
companies be penalized because consumers recognize a branded product name and
associate it with a familiar food experience, even when the product is a
creative interpretation rather than a literal version of that food?
The
McRib has been around since 1981. Its trademark was registered in 1985 for a
sandwich. That is more than four decades of product identity, consumer exposure
and brand development.
On
October 30, 2026, a federal judge in Chicago declined to dismiss the central
consumer deception claims in a proposed class action. That ruling allows
litigation to continue; it does not establish that McDonald's deceived
consumers or that the company is liable.
McDonald's
has maintained that the allegations distort the facts and that it has been
transparent about the sandwich's ingredients.
I
agree with the underlying marketing principle McDonald's is defending: A brand
name is an asset, a product identity is a promise of an experience, and
differentiation should not be confused with deception.
First, understand what the McRib actually is
McDonald's
describes the McRib as seasoned boneless pork dipped in tangy barbecue sauce,
topped with slivered onions and pickles, and served on a toasted homestyle bun.
Its
own product FAQ explains that the company starts with ground pork and uses a
press to form the patty into a shape resembling a rack of ribs.
McDonald's
even explains why it does this: It's fun.
Let's
be clear about the distinction.
·
It is pork.
·
It is real meat.
·
It is boneless.
·
It is ground and formed into a
distinctive shape.
·
It is not represented on the product
page as a serving of whole pork ribs.
The
distinction between ground pork and a whole-muscle pork rib cut is important.
Consumers should be able to understand what they are purchasing. But a shaped
pork product does not become something other than pork simply because it is
pressed into a recognizable form.
The
plaintiffs allege that the product's name, shape and advertising lead consumers
to expect actual rib meat. McDonald's disputes the allegations, including
claims about the use of heart, tripe and stomach. Those ingredient allegations
should not be treated as established facts.
The
real food marketing question is whether the name McRib, in its total branding
and disclosure context, constitutes a promise about the specific anatomical cut
of pork.
That
is a very different question from whether McDonald's has a recognizable branded
pork sandwich.
Six strong food marketing reasons this lawsuit should be
dropped
1. McRib is a registered product identity, not a promise of
a particular pork cut
McDonald's
registered the MCRIB trademark in 1985, with first commercial use dating to
1981. The registration identifies the goods as a sandwich for consumption on or
off the premises.
That
history matters.
McRib
is not simply a generic menu description. It is a branded product identity
developed, marketed and recognized over decades.
Consider
Burger King's WHOPPER®. The company protects the Whopper name as a trademark.
Consumers recognize a branded sandwich, not a technical specification of every
ingredient or its dimensions.
The
McRib deserves the same fundamental recognition as a branded food product.
A
trademark does not excuse false advertising, but neither should a trademarked
name automatically be interpreted as a literal ingredient declaration.
2. McDonald's tells consumers it is boneless pork
This
is one of the strongest points in McDonald's defense.
Its
official product description uses the words "seasoned boneless pork."
Its FAQ explains that the pork is ground and pressed into a rib-like shape.
Those
are meaningful disclosures.
The
company is not advertising a bone-in rack of ribs. It is selling a boneless
pork sandwich with a distinctive shape and barbecue flavor profile.
Food
marketers have an obligation to communicate accurately. But consumers also have
a responsibility to consider the actual product description rather than
assigning an ingredient list to a brand name.
There
is a difference between creating an appealing product identity and making a
false factual statement.
3. Food marketing has always used familiar language with
creative twists
Let's
look beyond the McDonald's drive-thru.
Consider
the Seattle Seahawks and the famous 12th Man.
The
Seahawks used the 12th Man identity to describe their fans and the powerful
atmosphere those fans create. But the expression is not a literal count of
players on the field.
More
importantly, the 12th Man is a registered Texas A&M trademark. The Seahawks
negotiated licensing agreements to use it. They subsequently shifted toward the
expression 12s.
The
marketing lesson is that a name can represent an experience, an identity and an
emotional connection rather than a literal physical description.
Other examples reinforce the point:
The
brand promises wings through its famous marketing slogan, not actual wings. It
sells an energy drink, not a zoological product.
Its
2025 company-reported figures show 13.969 billion cans sold in 178 countries,
an increase of 10.2% over 2024. That is a powerful example of a distinctive
brand identity becoming a global commercial asset.
The
product uses the familiar language, appearance and eating experience of meat
while being made from plants. Impossible Foods reported in its 2024 marketing
materials that 90% of its consumers identified as meat eaters.
Impossible
Foods
That
is familiarity with a twist: consumers recognize the food experience, even
though the underlying product is different.
Burger
King used its established Whopper identity to introduce a plant-based
alternative. The familiar sandwich format made a different protein proposition
easier for consumers to understand.
These
examples are not identical legal situations. They illustrate an important
commercial principle: successful food marketing frequently builds on familiar
consumer language while introducing something different.
Why
should McDonald's be denied that same creative latitude?
4. Product differentiation is essential to surviving in a
crowded food marketplace
Think
about the competitive landscape.
McDonald's
competes with burger chains, barbecue restaurants, convenience stores, grocery
delis, prepared-food departments, delivery kitchens and an expanding selection
of ready-to-eat meals.
A
pork sandwich that looks like a rack of ribs, carries a distinctive name and
delivers a recognizable barbecue flavor creates separation.
That
separation is valuable.
If
every restaurant had to market products using only literal descriptions of
their ingredients, much of the creative language that helps consumers navigate
food choices would disappear.
Brands
need recognizable names. They need distinctive shapes. They need signature
sauces, flavor profiles, packaging and memorable product experiences.
The
McRib combines several of those elements.
It
is not just pork on a bun. It is a recognizable McDonald's product with its own
identity.
5. Familiarity reduces the work consumers must do when
making food decisions
Food
purchasing is often a low-involvement decision. Consumers are hungry, busy,
price-conscious and looking for something familiar that offers a little
excitement.
A
recognized product name helps simplify that decision.
The
McRib's periodic return is part of its marketing proposition. Scarcity,
anticipation and familiarity work together.
McDonald's
has been selling the sandwich periodically since 1981. That is a remarkable
product lifecycle in an industry where menu items are constantly introduced,
modified and discontinued.
The
product has become more than a sandwich. It has become an occasion.
Consumers
discuss its return, anticipate its availability and share their experiences.
That creates earned attention and gives McDonald's a reason to reconnect with
customers.
The
McRib's recognizable identity does marketing work before the customer even
reaches the counter.
6. The lawsuit risks confusing a consumer's preferred
ingredient with a legally required product specification
This
is where the argument deserves particular attention.
Some
consumers may prefer pork rib meat. Others may prefer pork shoulder. Still
others may care most about the sauce, texture, convenience, price or overall
taste.
Those
preferences are legitimate.
But
the fact that one pork cut commands a different wholesale price than another
does not automatically establish that a branded pork sandwich is deceptively
marketed.
The
plaintiffs argue that customers expected premium rib meat and paid more because
of that expectation. That is an allegation, not a proven economic injury or
established finding.
McDonald's
defense should focus on the complete consumer-facing message: the trademarked
product name, the description of seasoned boneless pork, the ingredient
disclosures, the FAQ explanation and the actual sandwich.
If
the company has disclosed the relevant facts and has not falsely claimed to
sell a whole-muscle rib cut, the lawsuit should not turn a creative product
design into consumer fraud.
The
food marketing distinction is simple: A brand can promise a recognizable
experience without promising that every component is identical to the
traditional food that inspired it.
The bigger issue: Don't punish food innovation
7. There
is another issue that deserves attention.
Food
companies are being asked to innovate, differentiate, deliver value and give
consumers reasons to return.
Yet
when they create something recognizable but different, they can find themselves
defending the very marketing creativity that made the product successful.
That
is a troubling direction.
The
food industry has always evolved through reinterpretation.
Hamburgers
have been reinvented countless times. Chicken sandwiches have become a
competitive category of their own. Plant-based burgers borrow the appearance
and language of traditional beef burgers. Grocery delis create
restaurant-inspired meals. Convenience stores turn familiar restaurant flavors
into handheld, portable products.
That
is how food marketing works.
The
McRib is another example of taking a familiar food concept, applying a
different production technique and building a distinctive branded product
around it.
I
would argue that McDonald's should defend that principle vigorously.
There
is one important legal qualification: the October 30 ruling means the case is
allowed to proceed, not that McDonald's has lost on the merits. The judge found
the plaintiffs' interpretation of the name and advertising sufficiently
plausible at this early stage. The ultimate question of deception remains
unresolved.
My
position is that the complete product disclosures and the longstanding branded
identity provide a strong basis for McDonald's to prevail. If discovery
confirms those disclosures and the absence of misleading factual claims, the
case should be dismissed.
Three Grocerant Guru® insights: Familiarity with a twist
wins
Insight
1: Consumers buy experiences, not ingredient dictionaries.
Consumers
want recognizable flavors, convenient formats, satisfying portions and products
that fit their lifestyles. Brands must communicate what they are selling, but
they should not be forced to abandon creative product development because a
familiar name inspires a particular food association.
Insight
2: Differentiation is a competitive necessity, not a marketing luxury.
If
your product looks, tastes, feels and is named exactly like everyone else's,
why should consumers choose you? McDonald's created a recognizable pork
sandwich with a distinctive shape, barbecue flavor and trademarked identity.
That is differentiation. Brands that fail to differentiate eventually compete
primarily on price.
Insight
3: The future belongs to brands that are familiar but never static.
Consumers
are dynamic, not static. Their expectations, eating occasions, budgets and food
preferences evolve. Successful brands retain the familiar elements consumers
appreciate while introducing new twists that encourage trial, repeat purchases
and customer migration.
The
Grocerant Niche has demonstrated for decades that consumers move between
restaurants, grocery stores and convenience stores looking for food that
delivers on price, time, flavor and convenience.
McDonald's
understands something important: Sometimes the best way to introduce something
new is to make it feel familiar.
The
Grocerant Guru® bottom line
McDonald's
did not call its product a rack of pork ribs. It created the McRib®, a
trademarked, boneless pork sandwich made from real pork, formed into a
distinctive shape and marketed with a familiar barbecue flavor profile.
There
is a difference between misleading consumers and giving consumers a new
interpretation of a familiar food.
Food
marketers should be held accountable for truthful product communication. They
should not be punished simply for being creative.
My position: Defend the McRib, defend product differentiation and defend the ability of food brands to create familiar experiences with a twist.
At Foodservice Solutions®, we
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Reach out today: Steve@FoodserviceSolutions.us


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