Costco’s famed $4.99 rotisserie chicken is under fire in a proposed class action lawsuit claiming that the big box warehouse falsely advertised that its birds were preservative free.
Two California shoppers say Costco mislead customers nationwide by prominently advertising its rotisserie chicken as containing no preservatives, while discreetly listing two added preservatives — sodium phosphate and carrageenan — in fine print in the ingredient list.
“Costco Wholesale Corporation 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’,” according the complaint filed in California’s Southern District Court on Thursday.
Sodium phosphate and carrageenan are common food additives. Sodium phosphate is used to preserve moisture and enhance flavor in processed foods, while carrageenan is added to thicken and stabilize products like meats.
Studies have linked excessive sodium phosphate intake to kidney strain and cardiovascular risks, and carrageenan to digestive inflammation and gut irritation. However, the Food and Drug Administration says both are safe to use at approved levels.
Costco did not immediately respond to The Times’ request for comment, but said in a statement to USA Today that it had removed the no preservatives statements in store and online in order to “maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/on-line presentations.”
The two plaintiffs, Bianca Johnston and Anatasia Chernov, purchased Costco rotisserie chickens at stores in Victorville in 2024 and San Marcos in 2025 believing they were preservative free due to the prominent signs saying so, according to the complaint. Both shoppers say they prefer to buy foods that are preservative free when possible.
The lawsuit states that without accurate advertising customers are unable to make informed decisions on whether to purchase the chicken and compare pricing to Costco competitor’s products.
In photos included in the complaint, Costco signs promote the chicken as being USDA Grade A and containing no artificial colors, preservatives or flavors.
With a price tag under $5, Costco’s well-loved rotisserie chicken is cheaper than similar products at other grocery stores. Retail analysts have described it as a “loss leader,” meaning that it is sold at little to no profit in order to entice customers to shop at the store and spend money on other items.
The case comes as Robert F. Kennedy, Jr.’s Make America Healthy Again movement brings greater national scrutiny to ultra-processed foods contributing to higher demand for goods that are marketed as being sans preservatives.
The complaint alleges that Costco violated consumer laws in California, where the chickens were purchased, and in Washington, where Costco is headquartered. Plaintiffs are seeking to bring a class action lawsuit on behalf of people who purchased the rotisserie chicken in California and across the country.
