On January 22, 2026, plaintiffs Bianca Johnston and Anatasia Chernov filed a putative class action complaint in the United States District Court for the Southern District of California against Costco Wholesale Corporation (Costco). The complaint alleges that Costco’s Kirkland Signature Seasoned Rotisserie Chicken was marketed and displayed as containing “no preservatives,” but in fact contained added ingredients that plaintiffs contend function as preservatives.

Plaintiffs allege that Costco markets and sells the Kirkland Signature Seasoned Rotisserie Chicken nationwide in warehouse stores and online, and that Costco makes prominent representations in-store and on its website that the Rotisserie Chicken contains “no preservatives.” The complaint includes photographs and describes in-store signage positioned near the Rotisserie Chicken display and online product listings that convey a “No Preservatives” message without qualifying language.

According to the complaint, the Rotisserie Chicken contains the additives sodium phosphate and carrageenan. Plaintiffs allege these added ingredients perform preservative functions — for example, by buffering pH, chelating metal ions, reducing fat oxidation, stabilizing proteins or emulsions, preserving texture, and extending shelf life — and therefore contend the product is not preservative-free despite Costco’s representations.

Plaintiffs assert that reasonable consumers understand “no preservatives” statements to mean a product does not contain ingredients that function to prevent or retard deterioration, and that consumers commonly rely on prominent front-of-store or online representations when making purchasing decisions. The complaint alleges that any disclosure of the added ingredients appeared, if at all, in smaller “back of the label” print and did not explain preservative functions, which plaintiffs allege did not negate the prominent “No Preservatives” representations.

Plaintiffs bring counts on behalf of themselves and putative classes for: (1) violation of Washington’s Consumer Protection Act (RCW 19.86.010 et seq.) on behalf of a Nationwide Class; (2) violation of California’s Consumers Legal Remedies Act (CLRA), Cal. Civ. Code §§ 1750 et seq., on behalf of a California subclass; (3) violation of California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code §§ 17200 et seq.; and (4) violation of California’s False Advertising Law (FAL), Cal. Bus. & Prof. Code §§ 17500 et seq.

United States District Court for the Southern District of California.
Case number: 26CV0403 AJB AHG

CLASS DEFINITION: “Nationwide Class: All persons in the United States who
purchased Costco’s Rotisserie Chicken (the “Nationwide Class”).
California Subclass: All persons in California who purchased Costco’s Rotisserie Chicken (the “California Subclass”).”