Lawsuit Targets Costco Over Rotisserie Chicken Preservatives

Class action suit alleges retailer falsely marketed chicken as having no preservatives.

Jan. 29, 2026 at 4:15am

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A class action lawsuit has been filed against Costco, accusing the retailer of falsely claiming its popular $4.99 Kirkland rotisserie chicken contains no preservatives. The lawsuit alleges the chicken actually contains two preservatives - sodium phosphate and carrageenan - which contradict Costco's 'No Preservatives' marketing claims.

Why it matters

Costco's rotisserie chicken is one of the company's most popular and iconic items, drawing customers to its warehouses. The lawsuit challenges Costco's transparency and truthfulness in its marketing, which could impact consumer trust and the retailer's reputation if the claims are found to be valid.

The details

The lawsuit was filed in the U.S. District Court for the Southern District of California by two California residents, Bianca Johnston and Anastasia Chernov. It alleges that the presence of sodium phosphate and carrageenan, which function as preservatives, contradicts Costco's 'No Preservatives' claims about the rotisserie chicken. Costco has acknowledged using these ingredients to 'support moisture retention, texture, and product consistency during cooking', but maintains they are approved food additives.

  • The lawsuit was filed on January 23, 2026.

The players

Costco

A major American membership warehouse club chain that provides a wide selection of merchandise and is known for its $4.99 rotisserie chicken.

Bianca Johnston

A California resident who is one of the plaintiffs in the class action lawsuit against Costco.

Anastasia Chernov

A California resident who is one of the plaintiffs in the class action lawsuit against Costco.

Wesley Griffith

The California managing partner of the Almeida Law Group, which is representing the plaintiffs in the lawsuit against Costco.

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What’s next

The judge will need to decide whether to certify the lawsuit as a class action, which would allow more consumers to join the case. Costco will also have the opportunity to defend its marketing claims in court.

The takeaway

This lawsuit highlights the importance of transparency in food marketing, as consumers increasingly demand truthful information about the products they purchase and consume. The outcome could set a precedent for how major retailers communicate about the ingredients in their most popular items.