Legal Action Against Costco Over Rotisserie Chicken Labeling

A proposed class-action lawsuit has been filed against Costco in the Southern District of California, alleging that the company falsely advertised its rotisserie chicken as preservative-free. The plaintiffs, Bianca Johnston and Anastasia Chernov, assert that they would not have purchased the chicken had they known it contained preservatives, specifically sodium phosphate and carrageenan.

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The lawsuit, initiated on January 22, 2026, highlights that Costco's rotisserie chicken was marketed with claims of being gluten-free and free from artificial flavors and preservatives. However, the plaintiffs argue that the presence of sodium phosphate, an additive used to retain moisture and enhance texture, and carrageenan, a thickener derived from seaweed, contradicts these claims. Both ingredients are approved by food safety authorities, including the Food and Drug Administration (FDA).

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

In response to the lawsuit, Costco stated that it has removed references to preservatives from its signage and online presentations to maintain consistency. The company emphasized that the ingredients used are safe for consumption and serve specific purposes in the cooking process. “We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking,” Costco noted.

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

Health experts and consumer advocates have raised concerns regarding the implications of such labeling practices. The lawsuit comes amid broader discussions about ultraprocessed foods and the role of food additives. Critics argue that misleading labeling can undermine consumer trust and lead to financial losses for customers who prefer preservative-free options.

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

The plaintiffs claim they relied on Costco's advertising when making their purchases, while Costco maintains that the ingredients used are standard and safe. There is a notable gap in the information regarding how many customers may have been affected by similar advertising practices, as well as the potential financial implications for Costco if the lawsuit is successful.

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

As the lawsuit progresses, it may prompt further scrutiny of Costco's labeling practices and potentially influence how food products are marketed in the future. The outcome could have significant implications for consumer rights and food safety regulations.

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

“The lawsuit claims that Costco “cheated” customers out of tens or hundreds of millions of dollars by labeling the chicken as having no preservatives, even though it did.” — Bianca Johnston, Plaintiff

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens

“We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking,” — Costco Statement

Costco Is Sued Over Preservatives in Its $5 Rotisserie Chickens