THE LEGAL BATTLE OVER COSTCO’S $4.99 ROTISSERIE CHICKEN JUST ESCALATED

Costco’s $4.99 rotisserie chicken has long been treated like a poultry hero in its own right. It’s somehow cheap, reliable, and also always looks like it was conveniently placed in that warmer five seconds before you arrived.

But back in January, when shoppers sued Costco over its “no preservatives” claim regarding the bird, it was a reminder that even the most untouchable (read: delicious) supermarket food icons can end up in legal trouble.

Now, Costco is trying to stop the whole thing before it gets any further.

In a new court filing from June 4, Costco asked a federal judge in Southern California to toss out the proposed class action. The suit was filed back in January by two California women who argued the company’s Kirkland Signature Seasoned Rotisserie Chicken was marketed as having “no preservatives,” even though it contains sodium phosphate and carrageenan.

When the lawsuit was first filed, plaintiffs’ attorney Wesley M. Griffith said, “Consumers reasonably rely on clear, prominent claims like ‘No Preservatives,’ especially when deciding what they and their families will eat. Costco’s own ingredient list contradicts its marketing. That’s unlawful, and it’s unfair.”

Costco, meanwhile, argues that the case falls apart on a few points: the ingredients in question, the law, and the actual label on the chicken. In the filing, the company called the plaintiffs’ theory “fatally flawed,” adding, “Plaintiffs’ own sources contradict it, the regulations of the U.S. Food and Drug Administration (FDA) discredit it, and the product’s label dispels it.”

Costco also points to the product label, which breaks down the seasoning mix ingredients, and says shoppers were not misled in the way the lawsuit claims.

Costco is also pushing back the idea that shoppers paid some kind of premium because of the “no preservatives” wording. In its filing, Costco noted that the chicken’s price stayed at its famous $4.99 even after the signage was removed earlier this year. The retailer also argued that the complaint doesn’t point to any competitor selling a whole rotisserie chicken for less.

For now, the case is still moving on, with Costco expected to seek dismissal at an August 13 hearing in San Diego. Although the rotisserie chicken may not be off the legal hook yet, if Costco gets its way, this whole preservative fight may end well before it ever gets close to trial.

2026-06-14T12:09:04Z