Costco Slapped With Lawsuit Over Beloved Food Item

Costco’s $5 Rotisserie Chicken Faces Legal Battle Over Preservative Claims

Costco’s famous $5 rotisserie chicken is facing legal scrutiny as a proposed class-action lawsuit alleges false advertising regarding its preservative-free claims.

The complaint, filed in California in January, accuses Costco of misleading customers by advertising its rotisserie chicken as preservative-free while containing additives like sodium phosphate and carrageenan. These additives are used for moisture retention and texture improvement, despite Costco’s claims of no preservatives.

The lawsuit argues that Costco should have been more transparent about the presence of these additives, as they are listed in smaller print on the packaging. Customers may have paid more for the chicken believing it to be preservative-free, leading to claims of unfair competition.

In response to the lawsuit, Costco has removed claims of being preservative-free from in-store and online signage. The company defends the use of sodium phosphate and carrageenan for moisture retention and product consistency, noting that both ingredients are approved by food safety authorities.

If the plaintiffs succeed in obtaining class-action certification, anyone who has purchased Costco’s rotisserie chicken could be included in the class. The lawsuit also seeks unspecified monetary damages for the plaintiffs who claim they would not have bought the chicken if they had known about the additives, yet still intend to purchase it in the future.