Costco class action claims rotisserie chickens contain preservatives

Costco class action lawsuit overview:

• Who: Consumers filed a class action lawsuit against Costco Wholesale Corp.
• Why: Plaintiffs claim Costco falsely advertises its Kirkland Signature Seasoned Rotisserie Chicken as containing no preservatives.
• Where: The Costco rotisserie chicken class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Costco falsely advertises its Kirkland Signature Seasoned Rotisserie Chicken as containing no preservatives.

Plaintiffs Bianca Johnston and Anatasia Chernov filed the class action complaint against Costco Wholesale on Jan. 22 in California federal court, alleging violations of state and federal consumer laws.

According to the class action lawsuit, Costco falsely advertises its Kirkland Signature Seasoned Rotisserie Chicken as containing no preservatives, when in fact, the product contains two preservatives: sodium phosphate and carrageenan.

The plaintiffs claim Costco’s advertising misled consumers into believing that the rotisserie chicken was free from any additives that function as preservatives.

Costco rotisserie chicken contains preservatives, lawsuit claims

The class action lawsuit alleges that Costco’s “no preservatives” claims are prominently displayed on signs in stores and on its website, leading consumers to believe that the product does not contain any preservatives.

However, the complaint argues that sodium phosphate and carrageenan, both used in the chicken, perform preservative functions, such as extending shelf life and maintaining texture.

“Many consumers prefer products advertised as free of preservatives and reasonably rely on prominent front-of-label and point-of-sale representations when making purchase decisions,” the class action lawsuit says.

The plaintiffs argue that consumers are increasingly concerned about the presence of preservatives in their food, citing studies that show a growing demand for “clean-label” products.

The lawsuit alleges that Costco’s false advertising violates Washington’s Consumer Protection Act and California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.

The plaintiffs are asking to represent a nationwide class of consumers who purchased Costco’s rotisserie chicken as well as a California subclass.

They are seeking unspecified damages and injunctive relief to stop Costco from making the “no preservatives” claims.

The class action lawsuit claims that consumers would not have purchased the chicken, or would have paid less for it, had they known about the presence of preservatives.

Last year, a separate class action lawsuit accused Costco of falsely advertising its Kirkland Signature-brand tequila as being made from 100% blue agave.

What do you think of the claims made in this Costco rotisserie chicken lawsuit? Let us know in the comments.

The plaintiffs are represented by Wesley M. Griffith, David A. McGee and Loc G. Ho of Almeida Law Group LLC.

The Costco rotisserie chicken class action lawsuit is Johnston, et al. v. Costco Wholesale Corp., et al., Case No. 3:26-cv-00403, in the U.S. District Court for the Southern District of California.

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