Costco Class Action Alleges Excess Water in Canned Chicken

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A class action lawsuit filed on August 10 alleges that Costco misled customers with its canned chicken breast, because the cans contain too much water.

The complaint accuses Costco of “unconscionable business practices and deceptive acts” because its Kirkland brand canned chicken states that it is “packaged in water,” when in reality almost half of the weight of the can is water, not chicken.

Plaintiff Howard S. Stern, a resident of New Jersey, describes the canned chicken as “swimming in a pool of water.”

He states that on May 14, 2016, he purchased a package of six cans of the Kirkland Signature Premium Chunk Chicken Breast specifically because it seemed like a good deal based on the size of the cans, each of which is two inches tall.

Stern asserts that when he got home and opened one of the cans, he was shocked at the amount of water inside, and checked all six cans because he thought it was a mistake.

The plaintiff claims that he dried and weighed the chicken, and found that there was between 7.4 and eight ounces of chicken in each 12.5 ounce can.

Stern says that his habit is to check “the unit price of products before he makes a purchase,” and according to the class action lawsuit that unit price was deceptive.

The Kirkland brand canned chicken cost $10.79, and advertised a price per pound of $2.30.

Since each can only contained roughly seven ounces of chicken, however, the class action contends that the actual unit price was closer to $4.11 per pound of chicken.

Had he known how little chicken was actually in the cans, Stern asserts that he would not have bought the package of six cans.

The Costco canned chicken deceptive advertising class action alleges that the Kirkland Premium Chunk Chicken Breast packaging also violates the U.S. Department of Agriculture’s Poultry Products Inspection Act (PPIA).

The complaint states that the PPIA requires chicken products that advertise they are “packaged in water” must have at least 80% chicken in them; otherwise, the packaging must clearly state the percentage of water in the product.

Based on the PPIA, the complaint contends that either Costco should have increased the amount of chicken in each can, or the company should have changed the label to “Premium Chunk Chicken Breast Packed in 44% Water.”

Stern requests the court to certify a Class of “All citizens of the State of New Jersey who purchased Costco’s Kirkland Canned Chicken at any time from August 10, 2010, to the present.”

The class action seeks restitution and treble damages under New Jersey consumer protection laws. The lawsuit also seeks an injunction requiring Costco to stop its deceptive sales practices of its Kirkland Premium canned chicken.

Stern is represented by Jeffrey W. Herrmann and Peter S. Pearlman of Cohn Lifland Pearlman Herrmann & Knopf LLP; and Patricia I. Avery, Matthew Insley-Pruitt, and Robert Plosky of Wolf Popper LLP.

The Costco Canned Chicken Deceptive Advertising Class Action Lawsuit is Howard S. Stern v. Costco Wholesale Corporation, Case No. 3:16-cv-04884, in the U.S. District Court for the District of New Jersey.