Costco Faces Lawsuit Over Preservatives in $5 Rotisserie Chickens
Costco faces a significant legal challenge regarding its rotisserie chicken products. A proposed class-action lawsuit, filed on January 22 in the Southern District of California, claims the retailer falsely advertised its chicken as preservative-free. The plaintiffs assert that two preservatives—sodium phosphate and carrageenan—are included in the product.
Details of the Lawsuit
The lawsuit was initiated by two women, Bianca Johnston from Big Bear and Anastasia Chernov from Escondido, California. Both consumers allege they would not have purchased the Kirkland Signature Seasoned Rotisserie Chicken had they known it contained preservatives.
Claims and Product Labeling
According to the court documents, promotional signs advertised the rotisserie chicken for $4.99, highlighting its preservative-free status along with other attributes like being gluten-free and free from artificial flavors. These markers were also taken from Costco’s website.
- Bianca Johnston purchased her chicken in December 2024 from Victorville.
- Anastasia Chernov bought hers in February 2025 from San Marcos.
Both women cited seeing signs that reportedly included the misleading claim of no preservatives. The lawsuit claims that Costco “cheated” customers out of potentially millions in false advertising.
Costco’s Response
In response to the lawsuit, Costco acknowledged the presence of sodium phosphate and carrageenan in their cooking process. The company stated that these ingredients are approved by food safety authorities and serve to enhance moisture retention and texture during cooking.
Ingredient Safety
From a safety perspective, sodium phosphate is deemed safe by the Food and Drug Administration (FDA) and is often used as a food additive. It is also frequently prescribed for medical purposes. Carrageenan, obtained from seaweed, is another common ingredient considered safe by the U.S. Department of Agriculture (USDA).
Implications of the Case
As the lawsuit unfolds, it coincides with growing scrutiny over ultraprocessed foods and their additives. Health Secretary Robert F. Kennedy has begun initiatives to address these concerns. Experts acknowledge that while some additives can enhance shelf life and safety, consumer transparency remains crucial.
This lawsuit could have significant ramifications for Costco and its advertising practices if the claims are validated in court. The outcome may encourage greater clarity and accuracy in food labeling across the industry.
