That reputation, however, is now being scrutinized. A new legal complaint argues that some of the language used to market Costco’s rotisserie chicken may have led shoppers to believe something about the product that wasn’t entirely accurate.
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What the Lawsuit Alleges
Costco Rotisserie Chickenallnewalbert / Shutterstock
The lawsuit was brought by two women in California and alleges Costco violated consumer protection and false advertising laws in both California and Washington state, where the company is headquartered. The complaint claims Costco’s marketing created the “overall net impression” that the rotisserie chicken contained no added preservatives, even though those ingredients appear on the product’s packaging.
As evidence, the filing includes photos of in-store signage advertising the $4.99 chicken as having no preservatives, no artificial flavors or colors, no MSG and no gluten. While sodium phosphate and carrageenan are listed among the ingredients, the plaintiffs argue that the disclosures appear in smaller, less prominent print and without explanation of their purpose.
Costco’s Response and What Happens Next
Costco responded to the allegations in a statement to USA TODAY, saying it has removed references to preservatives from its signage and online materials. “To maintain consistency among the labeling on our rotisserie chickens and the signs in our warehouses/on-line presentations, we have removed statements concerning preservatives,” the company said.
If the lawsuit is certified, the proposed class would include anyone in the United States who purchased Costco’s rotisserie chicken, with a separate subclass for California shoppers. Despite filing the lawsuit, both plaintiffs say they plan to continue buying the chicken, though one noted she cannot rely on Costco’s preservative-related representations unless they are accurate and consistent with the ingredient list.
Related: Customer Complaints Force Costco to Finally Make This Big Change
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