Costco Class Action Lawsuit, “No Preservatives” False Advertising Claims on Rotisserie Chicken—What You Need to Know
Two California consumers filed a nationwide class action lawsuit against Costco on January 23, 2026, alleging the retail giant falsely advertises its Kirkland Signature Seasoned Rotisserie Chicken as containing “no preservatives” despite sodium phosphate and carrageenan being added to the product.
What Is the Costco Class Action Lawsuit About?
The lawsuit accuses Costco of violating consumer protection laws by prominently displaying “No Preservatives” signs in stores and online while adding sodium phosphate and carrageenan to its rotisserie chickens—both ingredients that function as preservatives.
Plaintiffs Bianca Johnston of Big Bear, California and Anatasia Chernov of Escondido, California say they relied on Costco’s “No Preservatives” claims when purchasing the chicken, believing the product contained no additives that preserve taste, texture, or shelf life.
The complaint, filed in U.S. District Court for the Southern District of California, alleges Costco has “systemically cheated customers out of tens—if not hundreds—of millions of dollars” through this alleged false advertising.
According to court documents, Costco displays large in-store signage and online product listings stating “No Preservatives” without qualification. The plaintiffs argue this is misleading because sodium phosphate and carrageenan perform preservative functions by inhibiting spoilage, stabilizing proteins, and extending shelf stability.
The lawsuit is represented by the Almeida Law Group. California Managing Partner Wesley M. Griffith stated, “Consumers reasonably rely on clear, prominent claims like ‘No Preservatives,’ especially when deciding what they and their families will eat.”
Who’s Involved and What Are the Legal Claims?
The plaintiffs filed the case seeking to represent a nationwide class of consumers who purchased Kirkland Signature Seasoned Rotisserie Chicken based on the “No Preservatives” representation. Costco Wholesale Corporation is the defendant.
Costco’s marketing features “No Preservatives” messaging on large in-store signage and online product listings. However, Costco’s ingredient list includes sodium phosphate and carrageenan—ingredients that function as preservatives.
The lawsuit alleges violations of consumer protection statutes in Washington and California. Plaintiffs seek injunctive relief, restitution, damages, and disgorgement of profits Costco obtained through the allegedly misleading marketing.
The lawsuit taps into growing consumer demand for “clean label” products. Industry research shows consumers place significant weight on preservative-related claims when making purchasing decisions.
Who Is Eligible to Join the Lawsuit?
While the complaint proposes a nationwide class, specific class definition and certification haven’t been decided yet. Based on the allegations, potential class members likely include consumers who purchased Kirkland Signature Seasoned Rotisserie Chicken based on Costco’s “No Preservatives” representations.
You may be part of the proposed class if you purchased Costco’s rotisserie chicken after seeing or relying on “No Preservatives” claims in stores or online.
The case was just filed on January 23, 2026. Class certification hasn’t occurred yet. If the court certifies the case as a class action, notice will be sent to potential class members explaining eligibility requirements, how to file a claim, and deadlines.
What You Must Know About This Case
This lawsuit was filed days ago. There’s no settlement, no certified class, and no claim form available yet.
If you purchased Costco rotisserie chicken, preserve any relevant documents—receipts, photos of in-store signage, or screenshots showing “No Preservatives” claims.
False advertising lawsuits targeting “clean label” claims are increasingly common. State consumer protection laws in California and Washington give consumers strong remedies when companies engage in deceptive advertising.
What to Do Next
Track this case—Johnston v. Costco Wholesale Corporation—through the U.S. District Court for the Southern District of California’s online docket system.
If you believe you were affected, start gathering documentation now. Save receipts showing rotisserie chicken purchases, photos of in-store signage, and screenshots of online product listings.
If the court certifies this as a class action, potential class members will receive notice by mail or email explaining eligibility, claim procedures, and deadlines.
In November 2025, a separate class action was filed alleging Costco falsely advertises its Kirkland Signature brand tequila as being made from “100% blue agave.”
For more on consumer protection lawsuits, see our coverage of Facebook $725M Privacy Class Action Lawsuit Settlement and Walgreens $100 Million Class Action Settlement.
Frequently Asked Questions
What Is the Costco Class Action Lawsuit About?
The lawsuit alleges Costco falsely advertises its Kirkland Signature Seasoned Rotisserie Chicken as containing “no preservatives” despite adding sodium phosphate and carrageenan—ingredients that function as preservatives.
Am I Eligible to File a Claim?
The case is in very early stages. Class certification hasn’t occurred yet. If you purchased Costco rotisserie chicken based on “No Preservatives” claims, you may be eligible once the class is certified.
What Is the Deadline to File?
There’s no claim deadline yet. The lawsuit was just filed on January 23, 2026. Deadlines will be established if the case proceeds to settlement or class certification.
How Much Can I Receive?
It’s too early to know. There’s no settlement yet. Any potential recovery would depend on whether the case settles, how many class members file claims, and how damages are calculated.
How Do I File a Claim?
No claim form exists yet. If the case is certified as a class action and proceeds to settlement, you’ll receive notice with specific instructions.
What Is the Current Status of the Case?
The lawsuit was filed on January 23, 2026. Costco hasn’t yet filed a response. The case is in the initial pleading stage.
What If I Miss the Deadline?
Since no deadline exists yet, you can’t miss it. If deadlines are established later and you miss them, you likely won’t be able to participate in the settlement.
Last Updated: January 27, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Next Steps: If you purchased Costco rotisserie chicken based on “No Preservatives” claims, preserve your receipts and documentation.
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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