Legal battle over Costco's rotisserie chicken intensifies

Costco is fighting back against a class‑action lawsuit that accuses its $4.99 Kirkland Signature Seasoned Rotisserie Chicken of containing preservatives—sodium phosphate and carrageenan—despite being marketed as preservative‑free. The suit, filed in the U.S. District Court for the Southern District of California on January 22, 2026, argues that consumers rely on the product’s labeling to make purchase decisions. Costco responded that the preservatives are used for moisture retention, texture and consistency, are approved by food safety authorities, and that it has removed preservative statements from signage and online presentations to maintain consistency. In a June 4 memorandum, the retailer escalated the matter by filing a motion to dismiss the lawsuit, calling the plaintiffs’ argument “fatally flawed” and citing FDA regulations and contradictory sources. Costco also denied that consumers were misled into paying a premium for the chicken and asserted that it complied with Washington’s Consumer Protection Act, California’s Consumers Legal Remedies Act, California’s Unfair Competition Law and California’s False Advertising Law. The company seeks dismissal with prejudice, arguing that the plaintiffs cannot change the facts to salvage their claims, and plans to present its case at an August 13 hearing in San Diego.

(Source：Salon)