Costco Fights Class-Action Lawsuit Over Rotisserie Chicken 'No Preservatives' Label
Costco has filed a motion to dismiss a proposed class-action lawsuit alleging its Kirkland Signature Rotisserie Chicken is falsely marketed as containing 'no preservatives' despite including carrageenan and sodium phosphate. The two California plaintiffs, represented by Almeida Law Group, filed the suit in January, claiming the labeling violates multiple consumer protection statutes. Costco's defense attorney called the allegations 'fatally flawed,' arguing the ingredients are not classified as preservatives under FDA regulations.
Two California consumers filed a class-action lawsuit in January against Costco, alleging that its popular $4.99 Kirkland Signature Seasoned Rotisserie Chicken is deceptively labeled 'no preservatives' while containing carrageenan — a seaweed-derived thickener and stabilizer — and sodium phosphate, which can extend shelf life and help meat retain moisture. The plaintiffs, represented by Almeida Law Group, argue the labeling violates Washington's Consumer Protection Act, California's Consumers Legal Remedies Act, and other California statutes, and they seek both monetary damages and an injunction against the marketing claim. Costco's attorney Charles Sipos filed a motion to dismiss last week in the US District Court for the Southern District of California, calling the case 'fatally flawed' on the grounds that neither ingredient meets the FDA's regulatory definition of a preservative, and that both are listed transparently in the product's seasoning ingredients. The plaintiffs also alleged Costco 'systemically cheated customers out of tens — if not hundreds — of millions of dollars' by charging a premium tied to the preservative-free claim, but Sipos countered that the chicken's price remained $4.99 even after Costco removed the 'no preservatives' label following the lawsuit's filing. Sipos further argued that the plaintiffs failed to identify a single competitor selling a whole rotisserie chicken for less than $4.99, undermining the price-premium theory. The case remains pending, and Almeida Law Group had not publicly responded to Costco's dismissal motion at the time of reporting.
What's missing
Neither source clarifies whether the FDA has issued any formal guidance specifically addressing carrageenan or sodium phosphate in the context of poultry labeling, nor whether other major retailers face similar labeling scrutiny for comparable products.
How coverage differed
Both outlets reported the core facts consistently, but the New York Post framed Costco's response more combatively ('fires back,' 'fired back hard'), while The Hill provided additional context from the plaintiffs' attorneys, including a direct quote from Almeida Law Group partner Wesley M. Griffith and the detail that Costco's price did not change after removing the label.
What different sources said
- New York PostRight
Costco fires back over lawsuit tied to iconic product as shoppers claim false advertising
- The HillCenter
Costco responds to lawsuit over customer-favorite food item: 'Fatally flawed'
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