WASHINGTON, D.C. (November 3, 2026) - A federal judge has refused to dismiss a class action lawsuit filed against McDonald's which alleges that offering a so-called McRib sandwich, which contains no pork rib meat, constitutes consumer-deception, fraud, and unjust-enrichment, notes public interest law professor John Banzhaf.

While some pundits are criticizing the lawsuit as frivolous, or at least as unlikely to be successful, a similar but probably weaker law suit against McDonald's not only forced the fast food giant to settle for over $12 million and make a public apology; it also inspired a series of successful lawsuits against other food companies including KFC, Kellogg, Kraft, Coca Cola, and more.

It was also seen as so threatening that food companies tried unsuccessfully to have Congress pass a so-called "Cheeseburger Bill" which would have shielded them from such legal liability in the future. The bill was defeated after Banzhaf, the only witness called to oppose it, testified before a congressional committee to kill it.

Interestingly, the legal action which started this new "fat lawsuit movement" was put together as a class project by several law students, and attacked McDonald's for making a statement which was actually true, says Professor Banzhaf, who gave the law students an "A" grade for successfully concocting a novel legal theory which forced Mickey D's to settle.

McDonald's had claimed that its french fries were cooked in 100% pure vegetable oil. But the law students argued that, although this statement was technically true, it could be misleading because the fries were also pre-cooked in beef fat.

Although the amount of beef fat was minute, and therefore unlikely to cause or exacerbate any health problems from consuming it, the lawsuit was nevertheless very successful, and spawned a number of other very successful fat-related legal actions.

If a lawsuit put together by a few second-year law students, and based upon a statement which was true and not deceptive on its face, can force McDonald's to settle, mend its ways, and apologize, a suit based upon two different forms of affirmative deception - both in the name of its product and in its appearance deliberately designed to resemble real pork ribs - can be equally successful, says the activist law professor who has been called "a Driving Force Behind the Lawsuits That Have Cost Tobacco Companies Billions of Dollars," a "King of Class Action Lawsuits," and "The Law Professor Who Masterminded Litigation Against the Tobacco Industry."

These ten other successful fat law suits, triggered by the McDonald's settlement Banzhaf's law students obtained, included the following:

■ KRAFT'S OREO COOKIES: Food giant Kraft was sued for failing to disclose that its popular Oreo cookies contained dangerous trans fat. Rather than contest the charges, it settled out of court by agreeing to remove the trans fat from its cookies, resulting in cookies which are less hazardous, and also lower in calories.

■ McDONALD'S TRANS FAT: McDonald's was sued after it announced, with great fanfare and publicity, that it would remove trans fat from its offerings, and then quietly reneged on its promise. McDonald's agreed to make the requested disclosure, and to pay $8 million to settle the lawsuit.

■ SEATTLE SCHOOL BOARD MEMBERS: Faced with a law suits charging them with breach of their fiduciary duty to their students if they renewed a "cokes for kickback" [pouring rights] contract, the members agreed to turn soda vending machines off during most of the day, to require healthier beverages in the machines, and to make the contract cancellable at will [rather than for a fixed term of five years].

This success led to the following two legal actions:

■ THE NEW YORK CITY SCHOOL BOARD agreed to settle a law suit brought against it by agreeing to ban all sugary soft drinks, as well as most fattening foods, from its classrooms.

■ SODAS IN SCHOOLS: Facing a series of class action law suits in several different states for selling fattening sugary soft drinks in schools across the country, the nation's bottlers were forced to agree to virtually ban the sale of sugary soft drinks in schools, especially during school hours.

■ KFC & TRANS FAT: KFC was sued for having dangerous levels of trans fats, and for failing to disclose that fact and the risks of trans fat. KFC agreed to switch cooking oils to virtually eliminate trans fats, a move which will probably also reduce overall fat calories.

■ KELLOGG COMPANY: To avoid a threatened fat law suit by the Center for Science in the Public Interest (CSPI), the Campaign for Commercial-Free Childhood (CCFC), and two Massachusetts parents, Kellogg Company agreed to adopt nutrition standards for the foods it advertises to young children.

■ BIG DADDY'S DIET ICE CREAM: A suit certified as a class action charged a company with misrepresenting the amount of fat and calories in its ice cream. The company agreed to settle for several million dollars and coupons.

■ PIRATE'S BOOTY DIET FOOD: Another class action law suit charged a company with misrepresenting the fat and calories in its popular diet food. It likewise settled for several million dollars.

All this proves, says Prof Banzhaf - who also helped to get ingredient labeling of grocery store food items, and the posting of calorie counts by fast food chains - that litigation can play an important role in protecting public health.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law Emeritus
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
(703) 527-8418
http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf