Consumers Represented by the Almeida Law Group File Class Action Alleging Costco Deceived Shoppers with False "No Preservatives" Claims on Kirkland Rotisserie Chicken

SAN DIEGO, Jan. 22, 2026 /PRNewswire/ -- Two California consumers have filed a nationwide class action lawsuit against Costco Wholesale Corporation, alleging the retail giant has misled millions of shoppers by falsely advertising its popular Kirkland Signature Seasoned Rotisserie Chicken as containing "no preservatives," despite formulating the product with added preservatives that extend shelf life and maintain texture.

Filed in the U.S. District Court for the Southern District of California, the complaint asserts that Costco has "systemically cheated customers out of tens—if not hundreds—of millions of dollars" by prominently marketing the Rotisserie Chicken as preservative–free in stores and online while adding sodium phosphate and carrageenan—ingredients that function as preservatives.

Prominent "No Preservatives" Claims Allegedly Misled Shoppers

According to the lawsuit, Costco displays large in–store signage and online product listings stating "No Preservatives," without qualification. Plaintiffs Bianca Johnston of Big Bear, California and Anatasia Chernov of Escondido, California say they relied on these representations when purchasing the product, believing the chicken contained no additives that preserve taste, texture, or shelf life.

The complaint alleges that Costco's representations were false and misleading because sodium phosphate and carrageenan—both added to the Rotisserie Chicken—perform preservative functions by inhibiting spoilage, stabilizing proteins, and extending shelf stability.

"Consumers reasonably rely on clear, prominent claims like 'No Preservatives,' especially when deciding what they and their families will eat," said California Managing Partner Wesley M. Griffith of the Almeida Law Group. "Costco's own ingredient list contradicts its marketing. That's unlawful, and it's unfair."

Consumers Increasingly Seek Transparency in Food Ingredients

The lawsuit cites industry research showing that consumers place significant weight on preservative–related claims and increasingly seek "clean label" products free from additives. Plaintiffs allege that Costco capitalized on this trend while concealing the true nature of its product.

Claims Under Washington and California Consumer Protection Laws

The complaint brings claims under:

• Washington Consumer Protection Act
• California Consumers Legal Remedies Act
• California Unfair Competition Law
• California False Advertising Law

Plaintiffs seek injunctive relief, restitution, damages, and disgorgement of profits obtained through Costco's misleading marketing.

Plaintiffs Say They Would Not Have Purchased the Product Had They Known the Truth

Both plaintiffs allege they would not have purchased the Rotisserie Chicken—or would have paid less—had Costco disclosed that the product contains added preservatives. They also state they intend to purchase the product again in the future if it is actually preservative free but cannot rely on Costco's representations unless they are truthful.

Case Information

The case is Johnston vs. Costco Wholesale Corporation, United States District Court for the Southern District of California. A case number has not yet been assigned. 

SOURCE Almeida Law Group, LLC