Few supermarket items have achieved cult status quite like Costco’s rotisserie chicken. Cheap, filling and ready to eat, it has long been marketed as a reliable staple at a time when food prices remain under pressure. Now, the familiar bird is at the centre of a legal dispute over how it has been labelled.
A proposed class-action lawsuit filed in a federal court in California accuses the retailer of misleading customers by advertising its Kirkland Signature rotisserie chicken as containing “no preservatives”, despite the use of ingredients that plaintiffs argue act as preservatives.
The lawsuit, brought by two women in Southern California, claims that Costco’s marketing led shoppers to believe the chicken was preservative-free when it was not. The complaint says customers would either have paid less or avoided the product altogether had they known how it was made.
At the heart of the case are two ingredients — sodium phosphate and carrageenan — which Costco acknowledges using during preparation. Both are commonly found in prepared foods and are used to retain moisture, maintain texture and ensure consistency during cooking.
Food safety authorities in the United States classify both additives as safe for consumption, and they are widely used across the grocery industry. The lawsuit does not challenge their safety but argues that it is misleading to describe a product containing them as having “no preservatives”.
According to the filing, promotional signage in stores and descriptions online prominently highlighted the “no preservatives” claim. The plaintiffs say they rely on such statements when choosing food for themselves and their families.
Consumer protection cases often hinge on how clearly products are described rather than on the presence of specific ingredients. The lawsuit argues that plain-language claims carry particular weight with shoppers making everyday purchasing decisions.
Costco has since removed references to “no preservatives” from its rotisserie chicken signage and online listings. The company said the move was made to maintain consistency across its labelling and marketing materials.
The retailer has stated that the ingredients it uses are approved by food safety regulators and are intended to support quality and consistency during preparation, not to extend shelf life in the way consumers typically associate with preservatives.
The lawsuit has not yet been certified as a class action, but the plaintiffs are seeking to represent customers nationwide, along with a separate group of buyers in California. The filing also requests a jury trial.
Despite taking legal action, both plaintiffs say they still plan to buy Costco’s rotisserie chicken in the future. Their case centres on trust — whether shoppers can rely on the way one of the country’s most recognisable grocery bargains is described.
Scrutiny of food labelling has intensified in recent years as consumers pay closer attention to ingredients and processing. Similar disputes across the grocery sector have raised questions about how terms such as “natural” or “preservative-free” are understood at the checkout.
More details on the case and Costco’s response were reported by The New York Times.
