Costco Rotisserie Chicken 'No Preservatives' Lawsuit: What Shoppers Need to Know
A January 2026 class action accuses Costco of deceiving shoppers with false 'no preservatives' claims on its $4.99 Kirkland Signature chicken.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuit Alleges
Johnston v. Costco Wholesale Corporation (filed January 22, 2026) alleges Costco marketed its Kirkland Signature Seasoned Rotisserie Chicken as 'no preservatives' while the product contains two preservatives — sodium phosphate and carrageenan — disclosed only in back-of-pack small print. Costco removed the 'no preservatives' language within days of filing, which plaintiffs' counsel calls an acknowledgment. Costco sells over 157 million rotisserie chickens annually.
Case Details
Johnston v. Costco Wholesale Corporation, Case No. 3:26-cv-00403, U.S. District Court, Southern District of California. Filed January 22, 2026.
Current Status
Who Is Affected & Can You Join?
Plaintiffs seek to represent all U.S. residents who bought Kirkland Signature Seasoned Rotisserie Chicken marketed with 'no preservatives' claims (roughly 2022 through January 2026). California residents have added CLRA/UCL claims. No physical injury is required — the alleged harm is the price premium paid.
Is There a Payout?
Case Timeline
- 1
2022–Jan 2026 — 'No Preservatives' Labeling
Costco displays 'No Preservatives' signage on Kirkland rotisserie chicken while the ingredient list includes sodium phosphate and carrageenan.
- 2
January 22, 2026 — Class Action Filed
California residents file Johnston v. Costco in the Southern District of California alleging violations of California and Washington consumer-protection laws.
- 3
Late January 2026 — Labeling Removed
Within days, Costco removes 'No Preservatives' references from signage and online listings, stating the ingredients aid moisture and texture and are approved.
- 4
Early 2026 — Early Litigation
The case proceeds through initial filings; Costco is expected to move to dismiss. No certification hearing scheduled.
- 5
2026 and Beyond — Certification & Possible Settlement
A judge must certify the class and approve any settlement before payouts. In comparable cases this takes 1–3 years.
Scam & Misinformation Warnings
Whenever a brand lawsuit goes viral, scam sites and bad actors follow. Watch for these red flags:
Fake 'Costco Chicken Settlement' Sites
No settlement exists and no claims process is open. Any site asking for personal information or a fee to 'file your Costco rotisserie chicken claim' is a scam.
Fee-Charging 'Claim Filing' Services
Legitimate class-action participation is always free. If anyone charges you to submit a Costco chicken claim, walk away.
Confusion With Other Costco Suits
Costco faces unrelated 2026 cases including a salmonella suit (Taylor v. Costco, W.D. Wash.) and a tariff-overcharge case. These are separate matters with different eligibility and claims processes.
Frequently Asked Questions
What is the Costco rotisserie chicken lawsuit about?
It alleges Costco's Kirkland Signature Seasoned Rotisserie Chicken was falsely advertised as 'no preservatives' when it contains sodium phosphate and carrageenan. Costco removed the labeling shortly after the January 2026 filing.
Is it a class action?
Yes — it seeks to represent all U.S. buyers of the mislabeled chicken. But the court has not yet certified the class, a required step before any payout.
Can I file a claim now?
No. There is no open claims process. Claims can only be filed after the class is certified, a settlement is approved, and an administrator opens a claims period — typically 1–3 years.
Do I need to have been physically harmed?
No. The alleged harm is financial — paying a price premium for a product based on a false 'no preservatives' claim. If you bought the chicken during the class period, you may qualify.
How much could I receive?
No settlement exists, so no amount is confirmed. Comparable food cases pay roughly $5–$50 per qualifying purchase. Total damages sought are described as tens to hundreds of millions of dollars.
Why did Costco remove the label so fast?
Costco said it was for labeling consistency; plaintiffs argue the rapid removal confirms the label was false. Costco has not admitted wrongdoing, and the product still contains the same ingredients.
Are there other Costco lawsuits in 2026?
Yes — a salmonella contamination suit (Taylor v. Costco, W.D. Wash.) and a tariff-overcharge class action. These are separate cases with different eligibility and claims processes.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.