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By Amanda Greenwood
Associate News Editor
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Two California shoppers have filed a class‑action lawsuit accusing Costco of falsely advertising its $4.99 Kirkland Signature Seasoned Rotisserie Chicken as having "no preservatives," even though the product contains sodium phosphate and carrageenan, according to various news reports.
Why Costco Is Being Sued
Reports say that the lawsuit—brought by California residents Bianca Johnston and Anatasia Chernov—alleges that Costco’s in‑store signs and website gave the impression that the rotisserie chicken contained "no preservatives".
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However, the ingredient list includes sodium phosphate and carrageenan, which the plaintiffs argue are a form of preservatives.
The complaint was filed on January 22, 2026, in the U.S. District Court for the Southern District of California, on behalf of all U.S. shoppers who have bought Costco’s Kirkland Signature Seasoned Rotisserie Chicken.
Alongside this, the two plaintiffs want a separate subgroup ("subclass") specifically for California customers, as California consumer‑protection laws apply differently there.
The suit claims Costco broke California and Washington state consumer protection laws. California applies because that’s where the shoppers bought the chicken; Washington applies because Costco is headquartered there.
The Additives In Question
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According to reporting by USA Today, the LA Times, and the New York Post, the additives at issue—sodium phosphate and carrageenan—are both permitted to be used in food by U.S. regulators.
However, research indexed in the National Library of Medicine (NLM) indicates that high intake of phosphate additives can pose health risks, particularly for individuals with kidney disease.
One study of patients with Stage 5 Chronic Kidney Disease found that 12 percent of deaths in this group were attributable to elevated levels of phosphate.
NLM‑indexed studies also suggest that carrageenan can promote gut inflammation in laboratory and animal models, although its effect on humans remains uncertain and needs further research.
Costco's Response To The Lawsuit
Costco confirmed, in a statement given to USA Today on January 28, that it had removed the "no preservatives" statements from warehouse signs and online presentations to keep labeling consistent, and has clearly stated it uses carrageenan and sodium phosphate to support moisture retention, texture, and consistency during cooking, adding that both "are approved by food safety authorities".
What Happens Next
A hearing schedule hasn’t been provided in the cited reports, and an exact date for any initial proceedings could not be confirmed from the available coverage.
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