Costco’s beloved rotisserie hen will get roasted in lawsuit over preservatives

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They're cheap. They're plentiful. They're offered in greasy plastic luggage and so they're — by all stories — scrumptious.

In a time of skyrocketing meals costs and turbulent financial instances, Costco's rotisserie chickens are, for a lot of, a dependable meal mainstay. However a brand new lawsuit filed in a California court docket has a bone to select with how the retailer advertises its beloved cooked birds.

That proposed class-action lawsuit, filed Jan. 22 within the U.S. District Court docket for the Southern District of California and considered by CBC Information, alleges that the retail big "has systematically cheated clients out of tens — if not a whole bunch — of hundreds of thousands of {dollars} by falsely promoting its Kirkland Signature Seasoned Rotisserie hen as containing 'no preservatives.'"

The lawsuit, which has not but been licensed as a category motion, notes Costco makes use of sodium phosphate and carrageenan, which lengthen shelf life and preserve texture. Costco has confirmed that it does certainly use these widespread components.

And whereas the 2 components are widespread in ready meals, and federal regulators together with Well being Canada have listed them as protected, the lawsuit says it is deceptive to say the chickens do not use preservatives.

The 2 California ladies who initiated the lawsuit say within the criticism they would not have bought the hen, or would have paid much less for it, had they identified it contained preservatives.

The lawsuit comprises photograph examples of in-store and internet advertising for the chickens that declare they've "no preservatives." And former pictures of Costco's rotisserie chickens considered by CBC Information on varied photograph companies do seem to bear the identical declare.

<img loading="lazy" alt="A close-up photo of a rotisserie chicken. The packaging says no preservatives." srcset="https://i.cbc.ca/ais/d820d325-6ca4-400f-8572-5b220b9285b9,1770066507744/full/max/0/default.jpg?im=Crop%2Crect%3D%280%2C0%2C3000%2C2028%29%3BResize%3D796 796w,https://i.cbc.ca/ais/d820d325-6ca4-400f-8572-5b220b9285b9,1770066507744/full/max/0/default.jpg?im=Crop%2Crect%3D%280%2C0%2C3000%2C2028%29%3BResize%3D1083 1083w,https://i.cbc.ca/ais/d820d325-6ca4-400f-8572-5b220b9285b9,1770066507744/full/max/0/default.jpg?im=Crop%2Crect%3D%280%2C0%2C3000%2C2028%29%3BResize%3D1280 1280w" sizes="(max-width: 762px) calc(100vw - 32px),730px" src="https://i.cbc.ca/ais/d820d325-6ca4-400f-8572-5b220b9285b9,1770066507744/full/max/0/default.jpg?im=Crop%2Crect%3D%280%2C0%2C3000%2C2028%29%3B" style="aspect-ratio:1.4792899408284024" data-cy="image-img"/> A Kirkland Signature premium model roasted rotisserie hen is seen on this 2005 file photograph. The label says 'no preservatives.' (Tim Boyle/Getty Photographs) "Shoppers moderately depend on clear, distinguished claims like ‘no preservatives,’ particularly when deciding what they and their households will eat," Wesley M. Griffith of the Almeida Legislation Group, which is representing the plaintiffs, stated in a web-based assertion.

“Costco’s personal ingredient listing contradicts its advertising and marketing. That’s illegal, and it’s unfair.”

In a press release to CBC Information, Costco stated it has eliminated its "no preservatives" references "to keep up consistency" amongst its labelling and indicators.

"We use carrageenan and sodium phosphate to assist moisture retention, texture and product consistency throughout cooking. Each components are authorized by meals security authorities."

In search of certification for two lessons In his on-line assertion, Griffith stated the authorized crew was "happy" that Costco dropped its claims the chickens contained no preservatives.

"It’s affirmation of our core authorized idea — the ‘no preservative’ claims have been false," Griffith stated.

He didn't reply to CBC's query about whether or not they would proceed to pursue the category motion. The criticism notes that the plaintiffs demand a trial by jury, and that they are searching for certifications for 2 lessons — one for anybody within the U.S. who has bought a Costco rotisserie hen, and a sub-class for folks in California.

The 2 California ladies who initiated the lawsuit each say within the criticism that they nonetheless intend to buy Costco rotisserie chickens sooner or later, however that they "can't depend on Costco’s preservative-related representations for the product."

The lawsuit notes each ladies desire to buy meals which can be preservative-free.

WATCH | Labelling adjustments in Canada: New meals labelling warns buyers to take a better look

Well being Canada’s necessary front-of-package labelling went into impact on Jan. 1, and meaning meals excessive in saturated fats, sugars and/or sodium now include a warning. With skyrocketing charges of weight problems, diabetes and coronary heart illness in Canada, the delicate warning is getting combined opinions. California has seen a big push for health-conscious client merchandise and labelling, turning into the primary U.S. state to ban 4 doubtlessly dangerous components in 2023, and has cracked down on ultra-processed meals and meals dyes in class meals.

Well being Canada oversees the usage of components in Canadian meals. Sodium phosphate and carrageenan are each named on its listing of permitted "emulsifying, gelling, stabilizing or thickening brokers."

The 2 are utilized in all the pieces from dairy merchandise and toddler components to "ready meat."

Grocery sticker shock Canadians have been coping with sticker shock for years as grocery costs have shot up by greater than 30 per cent since 2020, based on the latest information from Statistics Canada. Meat, particularly, has been one of many foremost drivers of value will increase, and stories counsel that pattern will proceed in 2026.

Costco sues Trump administration over tariffs

Costco is suing the Trump administration, searching for a full refund of tariffs it’s paid. However the wholesale retailer’s lawsuit will rely on the result of a special case at present earlier than the U.S. Supreme Court docket. So, just like the well-known $1.50 meals court docket sizzling canine, one of many foremost attracts of Costco's cooked chickens are their comparatively constant value. U.S. shops have offered chickens for $4.99 US for many years. In Canada it is extra like $7.99 to $9.00, which remains to be far inexpensive than comparable cooked chickens offered at different main grocery tales.

And Canadian shoppers appear to like them, with one Costco fan on Reddit describing "the faint scent of rotisserie hen guiding you ahead like incense" if you enter the shop. On-line, folks share tips about the best way to stretch one hen into a number of meals.