VICTORVILLE – Two California shoppers, including one from Victorville, have filed a class-action lawsuit on January 22, against Costco over claims that its rotisserie chicken contains no preservatives.

According to the court document, Costco has systemically cheated customers out of tens—if not hundreds—of millions of dollars by falsely advertising its Kirkland Signature Seasoned Rotisserie Chicken as containing “no preservatives.”

“Instead, and unbeknownst to Plaintiffs…the rotisserie chicken contains two added preservatives — sodium phosphate and carrageenan,” the lawsuit states.

Plaintiff Bianca Johnston of Big Bear says preservative claims are an important factor in her food purchasing decisions. 

On or about December 9, 2024, Johnston visited a Victorville Costco and saw an in-store sign above the rotisserie chicken display stating the product had “no preservatives.”

After purchasing the rotisserie chicken, Johnston later learned it contained two added preservatives — sodium phosphate and carrageenan — contrary to Costco’s “no preservatives” representations.

Johnston says she would not have purchased the rotisserie chicken had she known it contained sodium phosphate and carrageenan.

Some people may experience digestive discomfort from the preservatives

Two common food additives, sodium phosphate and carrageenan are used to maintain quality and texture in processed foods. 

Sodium phosphate helps control pH and stabilize ingredients, while carrageenan acts as a thickener and emulsifier. 

Both are generally recognized as safe by the FDA, though some people may experience digestive discomfort, such as bloating, gas, or diarrhea, especially in large amounts or if sensitive.

The lawsuit argues that because sodium phosphate and carrageenan perform preservative functions in the rotisserie chicken, it in fact contains added preservatives.

Any mention of these ingredients appeared, if at all, only in small print on the back label and did not describe their functions, according to the lawsuit.

Costco removes signs 

Following the lawsuit, Costco removed signage for “no-preservatives” from its rotisserie chicken.

“To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/on-line presentations, we have removed statements concerning preservatives from the signs and on-line presentations,” Costco said in a statement. “We use carrageenan and sodium phosphate to support moisture retention, texture and product consistency during cooking. Both ingredients are approved by food safety authorities.”

California managing partner Wesley M. Griffith of the Almeida Law Group, representing the plaintiffs, said they are pleased Costco has dropped its “no preservatives” claims in response to the lawsuit.

“It’s confirmation of our core legal theory – the ‘no preservative’ claims were false,” Griffith said.