Costco asks – Costco is preparing to seek dismissal of a California proposed class action that accuses the retailer of falsely advertising its $4.99 Kirkland Signature rotisserie chicken as “no preservatives.” In court filings made June 4, the company says the ingredients c
A $4.99 rotisserie chicken has become the center of a legal fight over wording on a Costco shelf—one that, in court filings, the company says is based on a misunderstanding of food ingredients.
Costco says it will ask a California district court to dismiss a lawsuit alleging the company falsely advertised its Kirkland Signature Seasoned Rotisserie Chicken as preservative-free. In documents filed Thursday. June 4. Costco’s lawyers said the request will be made in mid-August. according to court materials reviewed as the case progressed.
Two women from California filed a proposed class action in January. They claimed Costco violated multiple laws by saying its rotisserie chicken contains “no preservatives.” The plaintiffs allege the chicken contains sodium phosphate and carrageenan. and argue those ingredients should be treated as preservatives. Their complaint argues the company “systemically cheated customers out of tens – if not hundreds – of millions of dollars” through false advertising.
Costco acknowledged the dispute over signage early on. Shortly after the lawsuit was filed, the company told the outlet that it removed the “no preservatives” signage.
But in the most recent filing made this month, Costco said it did not violate the laws the plaintiffs cite, including Washington’s Consumer Protection Act, Washington’s Consumer Protection Act (as listed in the filing), California’s Unfair Competition Law, and California’s False Advertising Law.
One of the laws at issue, California’s Unfair Competition Law, bars unlawful, unfair or fraudulent business practices and misleading advertising.
When the plaintiffs’ lawyers were contacted on Thursday, June 11, for comment, they did not immediately respond.
The plaintiffs’ core contention goes beyond what’s printed on the packaging. In the January filing. they argued that sodium phosphate controls pH and reduces fat oxidation. which they say slows microbial growth and spoilage. They also claimed carrageenan is used “to preserve food texture and extend shelf life.”.
Their legal requests included class certification for U.S. customers who purchased Costco’s rotisserie chicken, plus a California subclass for customers who bought the chicken in the state. The plaintiffs also sought unspecified monetary damages and asked Costco be ordered to stop advertising the chicken as preservative-free.
Costco’s response takes direct aim at that theory. In its June 4 court filing. Costco said the lawsuit focuses on in-store and online signage that advertises the chicken as having “no preservatives.” The company argues that plaintiffs object not only to wording but to the ingredients sodium phosphate and carrageenan that appear in the product’s seasoning.
Costco wrote that “This theory is fatally flawed. Plaintiffs’ own sources contradict it, the regulations of the U.S. Food and Drug Administration (FDA) discredits it, and the product’s label dispels it.”
In the same filing, Costco said FDA classifies carrageenan as an emulsifier, stabilizer, or thickener, not a preservative. The company also argued that the rotisserie chicken label describes carrageenan and other ingredients as components of the product’s seasoning.
Costco further told the court that its rotisserie chicken contains three basic ingredients: whole chicken, water, and a seasoning mix. It said the seasoning mix is listed on the packaging and broken down to show customers what is in the seasoning. According to the filing. the seasoning is made of salt. sodium phosphate. modified food starch (potato. tapioca). potato dextrin. carrageenan. sugar. dextrose. and spice extractives.
Alongside the advertising claim, the plaintiffs alleged that there was a “price premium”—that Costco charged more because the chicken was advertised as preservative-free. Costco rejected that characterization with a blunt point about pricing.
In its June 4 filing, Costco said the company’s “admission is fatal: there is no price premium, and there never was one.” Costco wrote that the Rotisserie Chicken’s price remains unchanged at its well-known $4.99.
“Costco sells accurately labeled fully cooked and seasoned chicken,” the company wrote.
The company also said it will ask the court to dismiss the plaintiffs’ request to ban Costco from using the “no preservatives” signage.
The next step is scheduled for a court appearance at 10 a.m. on Aug. 13 in the United States District Court for the Southern District of California in San Diego, where Costco plans to seek dismissal.
The lawsuit information is available through lawyers representing the plaintiffs at www.almeidalawgroup.com.
Costco rotisserie chicken lawsuit preservative-free Kirkland Signature $4.99 California Unfair Competition Law False Advertising Law sodium phosphate carrageenan FDA class action
If it’s no preservatives why are they even fighting this??
So they took down the sign and that’s still not enough? Seems like people are mad about words. Like sodium phosphate sounds fake but I don’t know.
Wait, is it like “no preservatives” but they use other stuff so it’s basically the same thing? Carrageenan always gets brought up for some reason, I feel like it’s probably a preservative to me lol. Costco probably knows the loopholes in the wording.
Costco rotisserie chicken is still delicious regardless, but this whole court thing is dumb. They say it’s a misunderstanding of ingredients… okay but customers read labels, not legal filings. Also mid-August?? they’re dragging it out like it’s a Supreme Court case. Half the time these class actions just hunt for money, not answers.