Costco says lawsuit over rotisserie chicken is 'fatally flawed'
Costco says lawsuit over rotisserie chicken is 'fatally flawed'
Saleen Martin, USA TODAYThu, June 11, 2026 at 5:55 PM UTC
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Costco plans to ask a California district court to dismiss a lawsuit claiming the company falsely advertised its $5 rotisserie chicken as preservative-free.
Lawyers representing Costco said in court documents on Thursday, June 4, that the brand will make the request in mid-August, according to court documents reviewed by USA TODAY.
Back in January, two women from California filed a proposed class action lawsuit and claimed Costco violated multiple laws when the company claimed its Kirkland Signature Seasoned Rotisserie Chicken contains "no preservatives."
The plaintiffs alleged that the chicken contains sodium phosphate and carrageenan, calling the ingredients preservatives. The plaintiffs argue that by including these ingredients and signage, Costco "systemically cheated customers out of tens – if not hundreds – of millions of dollars" through false advertising.
Shortly after the customers' initial filing in January, Costco told USA TODAY that the company removed the signage.
But in the most recent filing this month, Costco said it did not violate the laws in question, including Washington's Consumer Protection Act, Washington's Consumer Protection Act, California's Unfair Competition Law, and California's False Advertising Law.
One of these laws, California's Unfair Competition Law, prohibits unlawful, unfair or fraudulent business practices and misleading advertising.
USA TODAY contacted lawyers representing the plaintiffs on Thursday, June 11, to ask for comment, but did not immediately receive a reply.
Previous coverage: Costco sued over its $4.99 rotisserie chicken. Here's why
What are the plaintiffs requesting?
In January, the plaintiffs argued that Costco's chicken contains sodium phosphate, which controls pH and reduces fat oxidation, slowing microbial growth and spoilage.
They also claimed Costco's rotisserie chicken has carrageenan, used "to preserve food texture and extend shelf life."
In the initial lawsuit, lawyers for the plaintiffs requested class certification to include U.S. customers who purchased Costco's rotisserie chicken, as well as a subclass of customers who bought the chicken in California. They also requested unspecified monetary damages and asked that Costco stop advertising the chicken as preservative-free.
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What's Costco's argument?
In the filing, Costco noted that the plaintiffs' lawsuit focuses on in-store and online signage that advertises the chicken as having "no preservatives." Costco noted that the plaintiffs took issue with the ingredients sodium phosphate and carrageenan, calling them preservatives.
"This theory is fatally flawed. Plaintiffs' own sources contradict it, the regulations of the U.S. Food and Drug Administration (FDA) discredits it, and the product's label dispels it," Costco and its lawyers continued.
Costco added that FDA classifies carrageenan as an emulsifier, stabilizer, or thickener, not a preservative.
"The Rotisserie Chicken label unambiguously describes these ingredients as components of the product's seasoning," Costco wrote.
Costco added in the June 4 filing that its rotisserie chicken contains three basic ingredients – whole chicken, water and a seasoning mix. The seasoning mix is labeled on the product's packaging, broken down to show customers what's in the seasoning. According to the filing, the seasoning is made of salt, sodium phosphate, modified food starch (potato, tapioca), potato dextrin, carrageenan, sugar, dextrose, and spice extractives.
Costco says there is no price premium
Costco also in the June 4 addressed the plaintiffs' claim that there is a "price premium" allowing the company to charge more for the chicken because it is advertised as preservative-free. Per the recent filing, the plaintiffs accused Costco of removing the "no preservatives" signage after their lawsuit was filed.
"The Rotisserie Chicken's price remains unchanged at its well-known $4.99," Costco wrote on June 4. "This admission is fatal: there is no price premium, and there never was one."
Rotisserie Chickens for sale at a Costco store in the Staten Island borough of New York City, U.S., January 16, 2026.
"Costco sells accurately labeled fully cooked and seasoned chicken," the company wrote in the June filing.
Costco said in the June 4 filing that it will ask the court to dismiss the plaintiff's request to ban the company from using the "no preservatives" signage.
Costco plans to ask for dismissal during a court appearance at 10 a.m. on Aug. 13 with the United States District Court for the Southern District of California in San Diego.
Lawyers for the plaintiffs have shared information on the lawsuit at www.almeidalawgroup.com.
Saleen Martin is a reporter on USA TODAY's trending team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@usatoday.com.
This article originally appeared on USA TODAY: Costco responds to rotisserie chicken lawsuit
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