Costco Lawsuit Claims Rotisserie Chickens Are Not Free of Preservatives as Advertised

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A proposed class action lawsuit claims that Costco has deceived shoppers by falsely advertising that its Kirkland Signature Seasoned Rotisserie Chickens are made with no preservatives when the birds actually contain two additives with preservative functions.

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The 25-page lawsuit contends that Costco advertises in-store and online, including on product display labels, the packaging of the rotisserie chicken, and in the product description online, that the Kirkland rotisserie chickens are free from preservatives. As a result, the case maintains, consumers are led to believe that the rotisserie chickens they purchase at Costco are free of any synthetic additives that preserve the taste, texture or shelf-life of the product.

However, the Kirkland rotisserie chickens at issue are, in fact, made with sodium phosphate and carrageenan, two known food preservatives, the lawsuit states.

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According to the complaint, sodium phosphate is a chemical preservative commonly used in foods because of its ability to stabilize proteins and emulsions, control pH levels, and reduce fat oxidation. These properties help to maintain the texture and quality of a product while inhibiting the growth of microbes that can lead to food spoilage, the suit adds.

Similarly, carrageenan, an additive derived from red seaweed, is commonly used to thicken, stabilize, and congeal processed foods, which helps to maintain texture over time, the case explains.

“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 suit claims.

Because many consumers prefer products advertised as free of preservatives and are willing to pay a higher price for them, purchasers of the Kirkland Signature rotisserie chicken have been deprived of “tens—if not hundreds—of millions of dollars” through Costco’s false, deceptive advertising, the class action lawsuit alleges.

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The plaintiffs, two California residents, both purchased rotisserie chickens at Costco stores based on the “no preservatives” representations.

“So long as the Rotisserie Chicken is advertised as containing no preservatives—when it contains added ingredients that act as preservatives— [the plaintiffs] will be unable to make informed decisions about whether to purchase the Rotisserie Chicken in the future and will be unable to evaluate the different prices between Costco’s Rotisserie Chicken and competitors’ products,” the case states.

The Costco rotisserie chicken class action lawsuit seeks to represent all consumers in the United States who purchased a Kirkland Signature Seasoned Rotisserie Chicken.

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