(NewsNation) — Costco is firing back at the class action lawsuit that accused its popular $5 rotisserie chicken of being falsely advertised.
Two Costco customers said in January the Kirkland Signature Seasoned Rotisserie Chicken contains preservatives despite being marketed as preservative-free. Costco filed a motion to dismiss the case on Thursday in the U.S. District Court for the Southern District of California, arguing the claim is a misunderstanding of the ingredients.
According to the lawsuit, the rotisserie chicken contained carrageenan and sodium phosphate, despite the “no preservatives” label, which the suit argues violates Washington’s Consumer Protection Act, California’s Consumers Legal Remedies Act and other statutes. The lawsuit aims to stop Costco from falsely advertising and seeks monetary damages.
Carrageenan is a natural additive from seaweed that is commonly used to thicken and emulsify foods. Sodium phosphate has similar uses.
Attorney Charles Sipos, representing Costco, called the claims “fatally flawed” as the substances are not considered preservatives under U.S. Food and Drug Administration regulations, according to the Seattle Times. Additionally, he rejected arguments the “no preservatives” claim allowed Costco to charge a premium.
“They allege that Costco’s ‘No Preservatives’ statement enabled the company to charge more for Rotisserie Chicken,” Sipos wrote in the motion. “Yet, the Amended Complaint does not identify a single ‘competitor’ who...
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