Costco class action lawsuit overview:
- Who: Plaintiff Sydney Turner is suing Costco Wholesale Corp.
- Why: Turner claims Costco falsely advertised its Kirkland Signature frozen pasta product as containing “no preservatives.”
- Where: The Costco class action lawsuit was filed in California federal court.
A new class action lawsuit accuses Costco of falsely advertising its Kirkland Signature Five Cheese Tortelloni with Parmigiano Reggiano frozen pasta as containing “no preservatives.”
Plaintiff Sydney Turner filed the class action complaint against Costco Wholesale Corp. on April 29 in California federal court, alleging violations of state and federal consumer laws.
According to the lawsuit, Costco manufactures, distributes, advertises and sells the frozen pasta food product with a “no preservatives” representation on the front label, causing consumers to believe it is free from artificial preservatives.
However, the ingredient list on the back panel reveals the presence of manufactured citric acid, a preservative produced through industrial fermentation and chemical processing, the lawsuit alleges.
Turner claims she was deceived by Costco’s misrepresentation and seeks to represent a nationwide class of consumers who purchased the product, as well as subclasses of consumers in certain states.
Class action claims Costco frozen pasta contains manufactured citric acid
The lawsuit claims Costco’s representation gives the impression that the product contains no artificial preservatives, when in fact it contains manufactured citric acid.
Turner alleges she relied on the “no preservatives” claim when purchasing the frozen pasta product in December 2023 and would not have bought it or would have paid less if she had known it contained a preservative.
The class action lawsuit argues manufactured citric acid is not natural and is produced using heavy chemical processing.
The complaint cites studies and reports indicating that citric acid is manufactured using a type of black mold called Aspergillus niger, which is modified to increase citric acid production.
The lawsuit also alleges the consumption of manufactured citric acid has been associated with adverse health events and that it is not commercially feasible to use natural citric acid extracted from fruits.
Turner is suing for violations of California unfair competition, consumer legal remedy and false advertising laws, as well as breach of express and implied warranties, negligent misrepresentation, fraud and unjust enrichment.
She is seeking certification of the Costco class action, damages, fees, costs and a jury trial.
In a separate lawsuit filed early this year, a Costco customer accused the company of violating California law by sending untimely and deficient membership renewal notices.
What do you think of the claims made in this Costco frozen pasta lawsuit? Let us know in the comments.
The plaintiff is represented by Adrian Gucovschi and Nathaniel Haim Sari of Gucovschi Law Firm PLLC.
The Costco class action lawsuit is Turner v. Costco Wholesale Corporation, Case No. 8:26-cv-01013, in the U.S. District Court for the Central District of California.
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