Costco Class Action Says Canned Chicken Contains 40% Water

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Another class action lawsuit has emerged alleging Costco’s Kirkland brand canned chicken contains excessive amounts of water, shortchanging consumers on the amount of chicken they actually receive.

Costco sells its Kirkland Canned Chicken in its warehouse stores throughout the country. The cans are grouped for sales in a package of six 12.5 ounce cans.

However, some consumers are reporting the canned chicken chunks are “swimming in a pool of water,” essentially containing a greater percentage of liquid than the maximum amount allowed by the USDA’s Poultry Products Inspection Act (PPIA).

Plaintiffs Mary La Vigne and Kristen Hessler both purchased Kirkland Canned Chicken from Costco after reviewing the price, package, and label information.

La Vigne and Hessler contend they were surprised to see that almost half of the contents of the canned chicken was water.

Both Costco shoppers state they received a product that had substantially less chicken than should have been in the can since it contained roughly 40 percent water. The plaintiffs assert they overpaid for the canned chicken.

“The plaintiffs believed that they were purchasing a package that contained an adequate amount of chicken in each can because of the misrepresentations on the label, the packaging, the price label on the shelf, the unit pricing, the other materials included with the package, and the size of the can,” the class action states.

While not contesting the quality of the chicken, the plaintiffs claim Costco’s conduct with respect to it promotion, marketing, and sale of its Kirkland Canned Chicken “constitutes unconscionable commercial practices, deceptions, frauds, false promises or misrepresentations of material facts” by suggesting to consumers that the canned product includes an adequate amount of chicken.

Furthermore, Costco’s practices are in violation of the PPIA, the plaintiffs allege.

Under the PPIA, Costco could call its product “Premium Chunk Chicken Breast Packed in Water” if it increased the amount of chicken in each can to 10 ounces (i.e. 80 percent of 12.5 ounces), or if it keeps the same amount of chicken, it must include the percentage of water in the name of the product, according to the class action lawsuit.

La Vigne and Hessler bring this action against Costco for violations of New York and Pennsylvania consumer protection laws, and breach of implied warranty of merchantability.

La Vigne seeks to represent a Class of New York citizens who purchased Costco’s Kirkland Canned Chicken at any time from Oct. 7, 2013 to the present.

Hessler seeks to represent a Class of Pennsylvania citizens who purchased Costco’s Kirkland Canned Chicken at any time from Oct. 7, 2010 to the present.

They are also requesting an order enjoining Costco’s canned chicken packaging and labeling practices as well as monetary damages.

This is not the first class action lawsuit Costco faces over its canned chicken packaging. In August, a New Jersey consumer filed a similar suit claiming Costco fills its cans of Kirkland brand chicken with too much water.

The plaintiff in that case, Howard Stern, states this excess water caused the price of the chicken being paid for to be inflated. Stern is seeking to represent a certified Class of Costco consumers in New Jersey who purchased Kirkland brand canned chicken at any time from Aug. 10, 2010, to the present.

La Vigne and Hessler are represented by Patricia Avery, Matthew Insley-Pruitt, and Robert Plosky of Wolf Popper LLP.

The Costco Canned Chicken Deceptive Labeling Class Action Lawsuit is Mary La Vigne and Kristen Hessler v. Costco Wholesale Corporation, Case No. 7:16-cv-07924, in the U.S. District Court for the Southern District of New York.

UPDATE: On Jan. 10, 2018, a judge ruled in favor of Costco Wholesale Corporation, striking down a class action lawsuit claiming that Costco’s store brand canned chicken contained too much water and not enough meat.