Costco is being sued in a proposed class action that claims the retailer falsely advertised its beloved Kirkland Signature $5 rotisserie chicken as having no preservatives.
Filed Thursday in San Diego by Escondido resident Anatasia Chernov and Big Bear resident Bianca Johnston, the lawsuit claims Costco’s in-store signage and website falsely “create an overall net impression that the Rotisserie Chicken does not contain added preservatives.”
The suit alleges these claims are untrue, as “the Rotisserie Chicken is made with two added preservatives—sodium phosphate and carrageenan.”
“The presence of sodium phosphate and carrageenan, added preservatives which function as such in the Rotisserie Chicken, contradict the overall net impression that Costco’s ‘No Preservatives’ representations and advertising create,” the lawsuit states.
The plaintiffs say consumers rely on “preservative-free” claims when shopping and could not tell before purchase that the chicken allegedly contained preservatives.
A Costco spokesperson told The Independent in a statement, “To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/online presentations, we have removed statements concerning preservatives from the signs and online presentations.”
“We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking. Both ingredients are approved by food safety authorities,” the statement concluded.
The lawsuit claims that, even if the preservatives were listed on the label, they were buried in small print on the back and did not clearly explain their preservative function, despite Costco being aware of it.
Plaintiffs argue that such minimal disclosure is insufficient to offset the prominent “no preservatives” claims that Costco displays on its signage and marketing materials.
In a statement on the Almeida Law Group’s website, California Managing Partner Wesley M. Griffith, who is representing the plaintiffs in this case, said, “Consumers reasonably rely on clear, prominent claims like ‘No Preservatives,’ especially when deciding what they and their families will eat. Costco’s own ingredient list contradicts its marketing. That’s unlawful, and it’s unfair.”
Editor’s note: This story has been updated to include Costco’s statement.
