Two women in Southern California said in a lawsuit that Costco used false advertising by labeling its rotisserie chicken as preservative free.
The chicken is made with two preservatives, sodium phosphate and carrageenan, according to Costco and the lawsuit, which was filed on Jan. 22 in the Southern District of California. The complaint in the proposed class-action lawsuit said both women would not have purchased the chickens if they knew they contained preservatives.
The filing includes photos of a sign for the Kirkland Signature Seasoned Rotisserie Chicken, which was being sold for $4.99. The sign, a no-frills white piece of paper with black text, had bullet points describing the chickens’ qualities, which included: gluten free, no artificial flavors and no preservatives.
These descriptions were also previously listed on the Costco website.
Costco, which is headquartered in Issaquah, Wash., has removed statements about preservatives from its labeling and signs, according to USA Today.
“To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/online presentations, we have removed statements concerning preservatives from the signs and online presentations,” the company said in a statement.
“We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking,” Costco said. “Both ingredients are approved by food safety authorities.”
Sodium phosphate is an additive used for preserving moisture or color and enhancing and stabilizing frozen foods, according to the National Institutes of Health. The Food and Drug Administration considers it safe for consumption in food. It is also commonly prescribed as a laxative for colonoscopy preparation.
Carrageenan is a thickener derived from seaweed and is also considered safe in food, according to the U.S. Department of Agriculture.
The lawsuit claims that Costco “cheated” customers out of tens or hundreds of millions of dollars by labeling the chicken as having no preservatives, even though it did.
The plaintiffs, Bianca Johnston of Big Bear, Calif., and Anastasia Chernov, of Escondido, Calif., prefer to buy foods that are preservative-free when possible, according to the complaint.
Ms. Johnston purchased a Costco rotisserie chicken in December 2024 from a store in Victorville, Calif., according to the complaint. Ms. Chernov purchased two chickens in February 2025 from a store in San Marcos, Calif. Both women said they had seen signs above the rotisserie chicken display that said the food had no preservatives.
The lawsuit comes as the health secretary, Robert F. Kennedy, targets ultraprocessed foods. Food additives are one aspect of ultraprocessed foods. Health experts say some additives can play an important role in improving food’s shelf life and preventing contamination.
Amanda Holpuch covers breaking news and other topics.
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