Costco is trying to pluck itself out of a class action accusing the warehouse giant of falsely advertising its beloved $4.99 rotisserie chicken as preservative-free.
The company filed a motion to dismiss the case Thursday in the U.S. District Court for the Southern District of California, arguing that the lawsuit misunderstands what is actually in the bird, according to NewsNation.
Two Costco customers sued in January, alleging Kirkland Signature Seasoned Rotisserie Chicken contains carrageenan and sodium phosphate despite its “no preservatives” label. The lawsuit alleges the label violates consumer protection laws and seeks damages and an end to the alleged false advertising.
Costco says the claims are “fatally flawed,” arguing the ingredients are not considered preservatives under U.S. Food and Drug Administration regulations and are part of the chicken’s seasoning.