Two California women are suing Costco, claiming that the wholesaler committed false advertising by selling its popular rotisserie chicken as preservative-free.
Bianca Johnston and Anastasia Chernov, who filed their class-action lawsuit Jan. 22 in the U.S. District Court for the Southern District of California, bought the “Kirkland Signature Seasoned Rotisserie Chicken” at two Costco stores in Southern California.
The women said in their complaint that “unbeknownst to plaintiffs who purchased rotisserie chickens in reliance on Costco’s false representations that the product contains ‘no preservatives,’ the rotisserie chicken is made with two added preservatives — sodium phosphate and carrageenan.”
While sodium phosphate and carrageenan were listed on the back of the chicken package, the suit claims that there was no explanation on the package that either ingredient was a preservative.
Both plaintiffs indicated in the complaint that they would not have bought the chicken had they known it had preservatives, though they said they still intend to buy the chicken again.
They are seeking a jury trial and to expand the plaintiff list to anyone who bought the chicken nationwide, with California consumers as a separate subclass of class-action plaintiffs. They are seeking unspecified monetary damages.
Costco said in a statement: “To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/on-line presentations, we have removed statements concerning preservatives … We use carrageenan and sodium phosphate to support moisture retention, texture and product consistency during cooking. Both ingredients are approved by food safety authorities.”
