Costco’s rotisserie chickens are a modern marvel – consistently affordable, readily available, and, according to devoted fans, utterly irresistible. These juicy birds, sold piping hot in simple plastic bags, have become a staple for families navigating increasingly expensive grocery bills. But beneath the savory skin, a quiet legal battle is brewing.
A recently filed class-action lawsuit in California alleges a deceptive practice. The claim centers around Costco’s labeling of its Kirkland Signature Seasoned Rotisserie chickens as containing “no preservatives.” Documents reveal the plaintiffs believe this claim is fundamentally misleading to shoppers.
The heart of the dispute lies in two common ingredients: sodium phosphate and carrageenan. These additives are used to lock in moisture, enhance texture, and extend the chicken’s shelf life – functions traditionally associated with preservation. While both are deemed safe by food safety regulators, the lawsuit argues their presence disqualifies the “no preservatives” claim.
Two California women initiated the suit, stating they would not have purchased the chickens, or would have paid a lower price, had they known about these additives. Supporting their claim are photographs of in-store and online signage prominently displaying the “no preservatives” message.
“Consumers place genuine trust in clear labeling, particularly when it comes to the food they provide for their families,” explains Wesley M. Griffith, the attorney representing the plaintiffs. “Costco’s ingredient list directly contradicts its marketing, creating an unlawful and unfair situation.”
In response to the lawsuit, Costco has quietly removed the “no preservatives” wording from its packaging, citing a desire for consistency in labeling. The company maintains that carrageenan and sodium phosphate are approved by food safety authorities and are used solely to improve the chicken’s quality and consistency.
Griffith views this change as a significant victory. “It’s a clear acknowledgement that the ‘no preservative’ claims were, in fact, false,” he stated. The lawsuit is currently seeking class-action certification and aims to represent shoppers across the United States, with a separate class for California residents.
Ironically, despite the controversy, both women who filed the lawsuit intend to continue purchasing Costco’s rotisserie chickens. Their trust in the “no preservatives” claim, however, has been irrevocably broken.
This case arrives during a period of heightened scrutiny regarding food labeling, particularly in California. The state recently banned four additives in 2023 and is actively working to regulate ultra-processed foods. Similar additives are permitted in Canada under Health Canada regulations, appearing in a wide range of products, including dairy and infant formula.
The timing is also significant considering the dramatic rise in grocery prices. Since 2020, food costs have surged by over 30%, with meat prices leading the increase, and further rises are anticipated. This explains the enduring popularity of Costco’s rotisserie chickens, priced around $4.99 in the US and $7.99 to $9 in Canada.
The allure is undeniable. Online, fans describe the experience of following the aroma of roasting chicken through the store as almost hypnotic. In 2023 alone, Costco sold an astonishing 137 million rotisserie chickens, a testament to their enduring appeal.
