LOS ANGELES (KTLA) — Two California customers have filed a nationwide class‑action lawsuit accusing Costco of falsely advertising that its rotisserie chicken contains “no preservatives.”
The suit, filed Jan. 22 in the U.S. District Court for the Southern District of California, alleges the wholesale retailer misled “millions of shoppers” by promoting its Kirkland Signature Seasoned Rotisserie Chicken as preservative‑free, even though it contains sodium phosphate and carrageenan.
According to Healthline, sodium phosphate is commonly used to extend shelf life, enhance texture and help retain moisture in processed meats, cheeses and baked goods. Carrageenan, derived from red seaweed, is used to thicken and stabilize foods.
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The complaint argues that Costco “knew or should have known that the presence of these additives would be material to reasonable consumers when making purchasing decisions.”
The suit also included photos of in‑store signage and online product listings advertising the chicken as containing “No Preservatives.”
Plaintiffs Bianca Johnston of Big Bear and Anastasia Chernov of Escondido say they relied on those representations, believing the product contained no additives that preserve taste, texture or shelf life.
“Consumers reasonably rely on clear, prominent claims like ‘No Preservatives,’ especially when deciding what they and their families will eat,” said California Managing Partner Wesley M. Griffith of the Almeida Law Group. “Costco’s own ingredient list contradicts its marketing. That’s unlawful, and it’s unfair.”
The lawsuit also cites industry research showing that consumers place significant weight on preservative‑related claims and increasingly seek “clean label” products free from artificial additives. Plaintiffs allege Costco capitalized on that trend while concealing the true nature of its product.
In a statement to Nexstar’s KTLA, Costco said it has “removed statements concerning preservatives from the signs and on‑line presentations.”
“To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/on‑line presentations, we have removed statements concerning preservatives,” a company representative said. “We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking. Both ingredients are approved by food safety authorities.”
In addition to alleging violations of false advertising and consumer protection laws, the suit accuses Costco of engaging in unfair competition by “tricking Plaintiffs and members of the California Subclass into purchasing or alternatively paying a premium for its rotisserie chicken by advertising the product with ‘no preservatives.’”
Johnston and Chernov are seeking unspecified monetary damages and class certification covering anyone in the United States who purchased Costco’s rotisserie chicken. Attorneys are also asking the court to approve a California subclass.
Both plaintiffs say they would not have purchased the chicken, or would have paid less, had Costco disclosed the presence of added preservatives.
They also say they intend to buy the product again if it is truly preservative‑free but cannot rely on Costco’s representations unless they are accurate.
Costco’s rotisserie chicken, a popular item among members, is often described as a “loss leader” among retail analysts, priced aggressively to attract members.
