Costco is facing a proposed nationwide class-action lawsuit over its popular Kirkland Signature Seasoned Rotisserie Chicken, with plaintiffs alleging that the retail giant misled consumers by marketing the product as having “no preservatives” despite containing added ingredients they argue act as preservatives.
Filed on Jan. 22 in the U.S. District Court for the Southern District of California, the complaint was brought by two California consumers — Bianca Johnston of Big Bear and Anatasia Chernov of Escondido — who said they relied on Costco’s marketing when deciding to buy the chicken. They argue that while the bags and signage once claimed “no preservatives,” the ingredient list still includes additives such as sodium phosphate and carrageenan, which plaintiffs assert help preserve texture, stabilize proteins and extend shelf life.
The lawsuit contends that the “no preservatives” claims were featured prominently in stores and online product listings, and that this representation was false or misleading under U.S. consumer protection laws in both California and Washington. The plaintiffs say they — and potentially millions of other shoppers — would not have purchased the chicken or would have paid less had they known the product contained these additives.
In legal filings, the complaint argues that Costco’s ingredient disclosures, which list sodium phosphate and carrageenan on the label, contradict the front-of-package messaging. Plaintiffs say this disconnect between visible marketing and fine-print ingredients constitutes deceptive advertising. The suit seeks class-action status, unspecified financial damages and an order requiring corrective disclosures if the case proceeds.
Costco acknowledged the issue by removing all “no preservatives” references from its in-store signs and online descriptions to align with ingredient labels, saying that the additives are used to support moisture retention, texture and consistency and are approved by food safety authorities. However, the case will hinge on whether the marketing language would have misled a “reasonable consumer” under applicable laws.
The lawsuit highlights broader concerns about “clean label” marketing, where claims such as “no preservatives” or “all natural” have increasingly drawn scrutiny from consumers and lawyers who argue those messages can influence purchasing decisions. The case is ongoing and the allegations have not been proven in court.
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