On January 22nd, a class-action lawsuit was filed against Costco Wholesale Corp., et. al, in the U.S. District Court for the Southern District of California. The Plaintiffs, Johnston, et. al, claim that the Costco “No preservative” claim for Kirkland Signature Seasoned Rotisserie Chicken was misleading. Carrageenan, a natural compound extracted from seaweed and sodium phosphate, a common chemical used in food processing, were added to the product as a stabilizer and preservative respectively to extend quality and shelf stability. The Plaintiffs allege that Costco took advantage of consumers seeking “clean label” descriptors of the product.
Following filing of the lawsuit, Costco amended the label of their $4.99 iconic rotisserie chicken. The company stated, “To maintain consistency among the labeling on our rotisserie chicken and the signs in our warehouses and on-line presentations, we removed statements concerning preservatives.”
Wesley Griffith, Esq., managing partner of the Almeida Law Group, the plaintiff’s attorney commented, “It is confirmation of our core legal theory that “the no preservative” claims were false.
This case exemplifies the mendacity of the California tort bar that constantly searches for “shake-down” cases in which Plaintiffs do not suffer any damage but take advantage of them and defendants in pursuing spurious claims. Both sodium phosphate and carrageenan improve the organoleptic qualities of product and are approved for use in food processing.
A second legal issue confronting Costco relates to the levels of Salmonella as documented by the USDA FSIS in chicken produced at Lincoln Premium Poultry. This complex is owned by Costco and is the supplier of a high proportion of rotisserie chickens sold in Costco warehouses. Two lawsuits have been filed to date relating to contamination although there is no epidemiologic evidence that outbreaks of salmonellosis have occurred as a result of consuming Costco rotisserie chicken. The second lawsuit filed in the U.S. District Court in Seattle on February 12th alleges “economic injury” by overpaying for the potentially contaminated chicken purchased after January 1st, 2019, the year of inception of production by Lincoln Premium Poultry. The complaint draws heavily on a December 2025 document prepared by Farm Forward, an activist group opposed to all forms of intensive livestock production. It is a matter of record that Lincoln Premium Poultry has been classified by the USDA among Category 3 plants over an extended period. This suggests structural and operational problems that should be addressed to enable the plant to conform to industry norms with respect to contamination of carcasses and parts.
Previously, Costco was embroiled in claims and litigation arising from salmonellosis but the chicken in question was supplied by a West Coast integrator and preceded the establishment of Lincoln Premium Poultry.
Given the possibility of viable Salmonella being present on uncooked carcasses and parts, it is necessary for consumers, restaurants and especially for in-store rotisserie preparation of chicken to ensure that appropriate handling and heating to 165 F for at least 30 seconds is achieved. Given the sale of two million rotisserie chickens each week from Liberty Premium Poultry in Costco warehouses, the absence of Salmonella outbreaks attributed to the product, it is to be assumed that Costco is adequately cooking their rotisserie chicken and selling a wholesome product.
The allegations contained in the Farm Forward release relating to stocking density, scale of operation and management of flocks contributing to Salmonella contamination are essentially spurious. The contentions of the author represent oft-repeated and scientifically unsubstantiated opinions of Animal rights activists that lack merit. Unfortunately the statements supported by plaintiffs’ experts but will be used to sway uninformed but confused jurors.
This case has overtones of the ongoing glyphosate litigation. If unfavorable verdicts are handed down, it should be expected that a cascade of similar lawsuits will be filed targeting the largest U.S. integrators.