A class action lawsuit has been filed against Costco with claims pertaining to how the warehouse club allegedly mislabeled its Kirkland Signature Seasoned Rotisserie Chicken.
Instead of containing ‘no added preservatives’ as advertised, the two plaintiffs, Bianca Johnston of Big Bear and Anastasia Chernov of Escondido, alleged that the meat product is made with two: sodium phosphate and carrageenan.
The first is primarily used to retain moisture and control acidity, while the latter is employed to thicken and improve the texture of food, as per Healthline.
The lawsuit, which was filed in the Southern District of California on 22 January, reads: “Sodium phosphate functions as a chemical preservative in foods because it buffers and controls pH, chelates metal ions, and reduces fat oxidation, which collectively inhibit or [hinder] microbial growth and spoilage.
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“Sodium phosphate also stabilises proteins and emulsions, helping maintain texture and quality over time and thereby extending shelf stability—i.e., performing a preservative function.
"Because sodium phosphate and carrageenan perform preservative functions in the Rotisserie Chicken, the Rotisserie Chicken in fact contains added preservatives."
Costco is alleged to have ‘undertaken and engaged in unfair business acts and practices’, with the suit claiming plaintiffs were ‘tricked’ into purchasing or alternatively paying a premium for its Rotisserie Chicken due to ‘failing to clearly disclose that it has added preservatives’.
Moreover, it’s alleged that Costco violated consumer protection laws in California and Washington, where the company is headquartered.
The business is alleged to have ‘systemically cheated customers out of ‘tens—if not hundreds—of millions of dollars’ due to alleged false advertising.
It is additionally reported that the claimants would not have purchased the Kirkland Signature chicken if they had been aware of the preservatives.
The lawsuit says that even though the two plaintiffs plan to buy the perishable item again in the future, they ‘cannot rely on Costco’s preservative-related representations… unless those representations are accurate and consistent with the product’s ingredients’.
If certified by the court, the class would include anyone in the United States who purchased Costco's rotisserie chicken, as per USA Today.
Attorneys are asking the court to approve a subclass consisting of customers who bought the chicken in California, while the claimants are seeking unspecified monetary damages.
Speaking to USA Today, Costco said any signage claiming the rotisserie chicken contains no preservatives has been removed.
“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,” the statement read.
“We use carrageenan and sodium phosphate to support moisture retention, texture, and product consistency during cooking. Both ingredients are approved by food safety authorities.”
FOODbible has contacted Costco for further comment.
Ella Scott