Costco says lawsuit over rotisserie chicken is 'fatally flawed'
Costco seeks to dismiss a lawsuit claiming its $5 rotisserie chicken is falsely advertised as preservative-free, arguing the claim is fatally flawed.Summary
In January, two California consumers filed a proposed class action lawsuit alleging that Costco’s Kirkland Signature Seasoned Rotisserie Chicken, advertised as "no preservatives," actually contains sodium phosphate and carrageenan, which they claim are preservatives, violating California’s Unfair Competition Law, False Advertising Law, and Washington’s Consumer Protection Act. They seek class certification, unspecified damages, and an injunction to stop the "no preservatives" signage.
Costco responded in a June 4 filing, arguing the lawsuit is fatally flawed because the FDA classifies carrageenan as an emulsifier, not a preservative, and the product label lists the ingredients as seasoning components. The company said it removed the disputed signage after the lawsuit was filed, that the chicken’s price remains $4.99 with no premium, and it will ask the court to dismiss the case at a hearing scheduled for August 13 in the Southern District of California.
(Source：USA TODAY)