Camilla Jessen
Costco sued over ‘no preservatives’ rotisserie chicken claim.
Costco is facing a proposed class-action lawsuit that challenges how one of its most popular food items is marketed.
Two California customers have filed a lawsuit accusing Costco of misleading shoppers by advertising its Kirkland Signature rotisserie chicken as having “no preservatives,” according to USA TODAY.
The complaint was filed in California and Washington state, where Costco is headquartered.
The plaintiffs allege the front-facing label prominently states “no preservatives,” while the ingredient list on the back includes sodium phosphate and carrageenan in smaller print.
Both ingredients are approved by the US Food and Drug Administration and are commonly used in food production.
Ingredients in question
Healthline reports that sodium phosphate is used to retain moisture and improve texture in meat products. Carrageenan is also used to enhance texture and extend shelf life.
The lawsuit includes a photo of an in-store sign stating the chicken has “no preservatives, no artificial flavors or colors, no MSG and no gluten.”
According to the complaint, this presentation misled customers into believing the product contained no preservatives at all.
Unfair competition claims
The plaintiffs further allege Costco violated unfair competition laws by engaging in “unfair business acts and practices” that led customers to buy the chicken, or pay a premium for it, based on inaccurate claims.
The case seeks class-action status, which would extend it to all customers who purchased the $4.99 rotisserie chicken.
The plaintiffs are seeking monetary damages, though no specific amount has been disclosed.
Costco responds
Despite filing the lawsuit, the plaintiffs said they intend to continue buying Costco’s rotisserie chicken.
One plaintiff stated she “cannot rely on Costco’s preservative-related representations for the product unless those representations are accurate and consistent with the product’s ingredients.”
Costco confirmed to USA TODAY on Wednesday, January 28, that it has removed “no preservatives” signage.
“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 from the signs and on-line presentations,” the company said.
“We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking,” Costco added. “Both ingredients are approved by food safety authorities.”
Sources: USA TODAY, Healthline
