The lawsuit, filed by Bianca Johnston and Anastasia Chernov, alleges Costco misled customers by advertising Kirkland Signature Seasoned Rotisserie Chicken as having "no preservatives" while listing sodium phosphate and carrageenan—ingredients the complaint says perform preservative or stabilizing functions. The filing includes photos of in-store and online "No Preservatives" claims and seeks nationwide class certification plus a California subclass and unspecified damages. Costco says it removed preservative language from signs and online listings and that the ingredients are approved by food safety authorities.
Costco Sued for Advertising Kirkland Rotisserie Chicken as ‘No Preservatives’ While Listing Additives
A Costco store in Napa, Calif., in September 2025David Paul Morris/Bloomberg via Getty
Two California residents have filed a nationwide class action lawsuit alleging Costco Wholesale falsely advertised its Kirkland Signature Seasoned Rotisserie Chicken as containing "no preservatives" despite the product listing ingredients that plaintiffs say perform preservative functions.
Kirkland Rotisserie Chickencostco
What the Suit Alleges
Plaintiffs Bianca Johnston of Big Bear and Anastasia Chernov of Escondido say the rotisserie chicken contains two added ingredients—sodium phosphate and carrageenan—that the complaint describes as performing preservative or shelf-stabilizing roles. The filing includes photos of in-store signage and online product descriptions that show the chicken labeled with "No Preservatives" statements.
Shoppers in a Napa, Calif., Costco store in September 2025David Paul Morris/Bloomberg via Getty
"Sodium phosphate functions as a chemical preservative in foods because it buffers and controls pH, chelates metal ions, and reduces fat oxidation, which collectively inhibit or retard microbial growth and spoilage," the complaint quotes. "Sodium phosphate also stabilizes proteins and emulsions, helping maintain texture and quality over time and thereby extending shelf stability—i.e., performing a preservative function."
"Similarly, carrageenan is used to preserve food texture and extend shelf life," the filing adds.
Legal Claims and Relief Sought
The plaintiffs argue Costco's representations violate consumer protection laws in California and Washington (where Costco is headquartered) and amount to unfair business practices by inducing consumers to buy—or pay a premium for—the product based on "No Preservatives" claims. They seek class certification for purchasers nationwide, an additional California subclass, and unspecified monetary damages.
A Costco store in Bayonne, N.J. in March 2023Gary Hershorn/Getty
Both plaintiffs state they would not have purchased the chicken had they known about the preservatives; they also say they might buy it again if Costco's labeling and ingredient disclosures are corrected and consistent.
Costco's Response
In a statement to USA TODAY, Costco said it removed signage and online statements about preservatives to keep labeling consistent across warehouses and web listings. The company acknowledged using carrageenan and sodium phosphate "to support moisture retention, texture, and product consistency during cooking," and noted both ingredients are approved by food safety authorities.
Reports on the lawsuit and the retailer's response have appeared in PEOPLE and USA TODAY. PEOPLE has reached out to Costco for further comment.
Photo credit: David Paul Morris/Bloomberg via Getty Images; Gary Hershorn/Getty Images
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