Costco says claims against its $5 rotisserie chicken ‘fatally flawed’

Costco seared user claims made successful a suit astir alleged preservatives successful its fashionable $5 rotisserie chicken, according to a caller ineligible filing.

Two Costco customers successful California argued successful a proposed people enactment complaint filed successful January that the Kirkland Signature Seasoned Rotisserie Chicken contains preservatives carrageenan and sodium phosphate, contempt institution advertizing that claims the opposite.

But Charles Sipos, the lawyer representing the Issaquah-based warehouse club, called the plaintiffs’ statement astir mendacious advertizing “fatally flawed” due to the fact that carrageenan and sodium phosphate are not categorized arsenic preservatives by the U.S. Food and Drug Administration’s regulations. Instead, helium said they’re listed arsenic ingredients that are portion of the roasted bird’s seasoning.

Carrageenan is an additive made of seaweed that thickens and preserves processed foods. Sodium phosphate is different additive successful processed foods, utilized for thickening, curing, leavening and emulsifying.

Costco is asking the U.S. District Court for the Southern District of California to disregard the complaint, according to the question filed Thursday.

Sipos didn’t instantly respond to a petition for comment.

In the projected people enactment lawsuit, attorneys representing the shoppers assertion that Costco violated Washington’s Consumer Protection Act and California’s Consumers Legal Remedies Act, on with different California statutes.

They’re pressing Costco to halt selling the chickenhearted arsenic escaped of preservatives and for customers successful the U.S. who person purchased the merchandise to articulation successful a class-action lawsuit. The attorneys are besides seeking monetary damages.

The Almeida Law Group, which is representing the California plaintiffs, didn’t instantly respond to a petition for comment.

Sipos said the suit fails to pinpoint immoderate wide wounded successful the projected people action.

“They allege that Costco’s ‘No Preservatives’ connection enabled the company

to complaint much for Rotisserie Chicken,” helium wrote successful the motion.

“Yet, the Amended Complaint does not place a azygous ‘competitor’ who prices a full rotisserie chickenhearted for merchantability for little than $4.99.”