Costco to seek dismissal of $5 Kirkland Rotisserie Chicken suit
COST•Costco plans to ask a California district court in mid-August to dismiss a lawsuit alleging it falsely advertised its $5 Kirkland Signature Seasoned Rotisserie Chicken as preservative-free. Plaintiffs argue the product contains sodium phosphate and carrageenan, seeking class certification, monetary damages and a ban on “no preservatives” claims.
1. Lawsuit Background
In January two California residents filed a proposed class action against Costco, alleging the company’s Kirkland Signature Seasoned Rotisserie Chicken is falsely advertised as preservative-free. They claim in-store and online signage misled customers.
2. Plaintiffs’ Claims
Plaintiffs allege the chicken contains sodium phosphate and carrageenan, which they categorize as preservatives that control pH, reduce fat oxidation and extend shelf life. They seek class certification for U.S. purchasers, unspecified monetary damages and an injunction ending preservative-free marketing.
3. Costco’s Defense
In court filings, Costco asserts its labeling complies with Washington and California consumer protection and false advertising laws. The company argues the ingredients in question do not legally constitute preservatives and that it removed misleading signage shortly after the initial filing.
4. Next Steps
Costco plans to ask a California district court in mid-August to dismiss the complaint on grounds the allegations lack legal merit. A ruling on the motion could determine whether the case proceeds to discovery or is thrown out.
