Costco Fights Class-Action Lawsuit Over Rotisserie Chicken 'No Preservatives' Label
Costco is seeking to dismiss a class-action lawsuit filed by California customers who claim the company falsely advertises its $5 rotisserie chicken as having no preservatives while it contains carrageenan and sodium phosphate. Costco's legal team argues these ingredients are classified as seasonings rather than preservatives under FDA regulations and are not misleading. The case raises questions about food labeling standards and whether consumers were harmed by the marketing claim.
Two California customers filed a class-action lawsuit in January alleging that Costco's Kirkland Signature Seasoned Rotisserie Chicken is falsely marketed as containing no preservatives despite including carrageenan and sodium phosphate. The plaintiffs claim this labeling violates California and Washington consumer protection laws and allowed Costco to charge a premium price. In a motion filed last week, Costco's legal team argues the case is "fatally flawed," contending that carrageenan (a seaweed-derived thickener) and sodium phosphate (used for multiple food production functions) are classified as seasonings under FDA regulations, not preservatives. Costco also disputes that consumers suffered concrete harm, noting that competitor rotisserie chickens are similarly priced at $4.99 or higher. The lawsuit seeks to prevent Costco from using the "no preservatives" claim and to allow affected customers to seek monetary damages.
What's missing
The article does not provide the plaintiffs' specific response to Costco's motion or details about the FDA's official classification criteria for preservatives versus seasonings, which would be central to the legal dispute.
What different sources said
- New York PostRight
Costco fires back over lawsuit tied to iconic product as shoppers claim false advertising
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