Key facts
- Costco is responding to a class-action lawsuit filed in Southern California.
- The lawsuit alleges Costco falsely advertised its rotisserie chicken as containing 'no preservatives'.
- Plaintiffs claim the chicken contains sodium phosphate and carrageenan.
- Costco's legal team argues the additives are not legally defined as preservatives.
- The company stated the ingredients are listed as part of the meat's seasoning.
- Costco maintained its rotisserie chicken price has not changed since the label was removed.
Costco is actively contesting a class-action lawsuit that accuses the company of misleading consumers regarding its popular rotisserie chicken. Filed in a Southern California court, the lawsuit claims that Costco falsely advertised its $4.99 chicken as having "no preservatives," when in fact, it contains sodium phosphate and carrageenan.
Attorneys for the plaintiffs, represented by Almeida Law Group, assert that consumers rely on such prominent claims, and that Costco's ingredient list contradicts its marketing, which they deem unlawful. Wesley M. Griffith, a partner at Almeida Law Group, stated that consumers reasonably rely on clear claims like 'No Preservatives,' especially for food intended for families.
However, Charles Sipos, the attorney representing Costco, has rejected the lawsuit's premise, calling it "fatally flawed." In a recent court filing, Sipos argued that sodium phosphate and carrageenan are not classified as preservatives under FDA regulations. He further contended that these ingredients are clearly mentioned in the ingredient list as part of the chicken's seasoning.
The plaintiffs' legal team had previously accused Costco of systematically defrauding customers of millions by marketing its Kirkland Signature Seasoned Rotisserie Chickens as preservative-free. Sipos countered this by noting that the price of the rotisserie chicken has remained at $4.99 even after Costco removed the "no preservatives" label following the lawsuit's initiation. He also pointed out that the plaintiffs failed to identify any competitor selling a whole rotisserie chicken for less than $4.99.