Costco's Rotisserie Chicken Faces Legal Scrutiny Over Preservative Claims
Costco Wholesale, the beloved warehouse retailer known for its budget-friendly offerings, finds itself embroiled in a significant legal dispute concerning its famous rotisserie chickens. A proposed class-action lawsuit filed in California alleges that the company has been misleading shoppers with its marketing claims about these popular prepared foods.
The Core Allegations in the California Lawsuit
According to legal documents viewed by CBC News, the lawsuit filed on January 22, 2026, claims Costco has systematically deceived customers by advertising its Kirkland Signature Seasoned Rotisserie chickens as containing "no preservatives." The complaint argues this representation is false because the company uses sodium phosphate and carrageenan in its chicken preparation.
These additives serve specific functions in food production:
- Sodium phosphate helps retain moisture during cooking
- Carrageenan maintains texture and product consistency
- Both ingredients extend the shelf life of prepared foods
While Health Canada and other regulatory bodies consider these additives safe for consumption, the lawsuit contends they still qualify as preservatives under consumer understanding. The legal action alleges this discrepancy between marketing claims and actual ingredients has cheated customers out of potentially hundreds of millions of dollars.
Consumer Reactions and Legal Perspectives
Two California women initiated the lawsuit, claiming they would not have purchased the chickens or would have paid less had they known about the preservatives. Their complaint includes photographic evidence of in-store and online signage displaying the "no preservatives" claim.
Wesley M. Griffith of the Almeida Law Group, representing the plaintiffs, emphasized the importance of accurate food labeling. "Consumers reasonably rely on clear, prominent claims like 'no preservatives,' especially when deciding what they and their families will eat," Griffith stated. "Costco's own ingredient list contradicts its marketing. That's unlawful, and it's unfair."
Costco's Response and Changing Practices
In response to the allegations, Costco has removed the "no preservatives" wording from its chicken labeling. The company explained this change as an effort to "maintain consistency" across its product information. Costco confirmed using both carrageenan and sodium phosphate but emphasized these ingredients are approved by food safety authorities and serve functional purposes rather than traditional preservation roles.
Griffith interpreted Costco's labeling change as validation of the lawsuit's central argument. "It's confirmation of our core legal theory — the 'no preservative' claims were false," he noted.
Broader Context of Food Labeling Scrutiny
This legal challenge emerges during heightened examination of food labeling practices, particularly in California. The state has taken aggressive regulatory actions in recent years, including banning four additives in 2023 and implementing stricter controls on ultra-processed foods.
In Canada, where Costco operates numerous locations, sodium phosphate and carrageenan remain permitted additives under Health Canada regulations. These ingredients appear in various food products, from dairy items to infant formula.
Economic Factors Driving Popularity
The lawsuit's timing coincides with significant economic pressures on Canadian consumers. Statistics Canada data reveals grocery prices have surged more than 30% since 2020, with meat products experiencing particularly steep increases. Additional price hikes are anticipated throughout 2026.
This economic context helps explain the enduring popularity of Costco's rotisserie chickens, which typically retail for approximately $7.99 to $9 in Canada. The Seattle Times reported that Costco sold an astonishing 137 million rotisserie chickens in 2023 alone, demonstrating their status as a household staple for budget-conscious shoppers.
Online communities reflect this popularity, with social media users describing the distinctive aroma of rotisserie chicken that permeates Costco warehouses. One Reddit contributor poetically noted "the faint smell of rotisserie chicken guiding you forward like incense" through store aisles.
Despite the legal controversy, both plaintiffs in the California case acknowledge they still plan to purchase Costco's rotisserie chickens. Their primary concern centers on accurate labeling rather than product safety or quality. The lawsuit seeks class-action certification to represent shoppers across the United States, with a separate subclass for California purchasers.
