What Is the Costco Chicken Lawsuit?
The Costco chicken lawsuit is a pair of separate federal proposed class actions against Costco Wholesale Corporation over its rotisserie chicken and related Kirkland Signature chicken products. Searchers use the phrase for both cases, which is why it can look like one lawsuit when it is two.
The first case, Johnston et al. v. Costco Wholesale Corporation, was filed on January 22, 2026 in the U.S. District Court for the Southern District of California. It accuses Costco of advertising its Kirkland Signature Seasoned Rotisserie Chicken as having "no preservatives" while the ingredient list includes sodium phosphate and carrageenan.
The second case, Taylor v. Costco Wholesale Corporation, was filed on February 12, 2026 in the U.S. District Court for the Western District of Washington. It accuses Costco of misleading shoppers about salmonella risk tied to the Nebraska plant that supplies its chicken.
Neither case is a multidistrict litigation, and each is proceeding on its own in its own court.
“This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d), because there exists minimal diversity between class members and Costco and because the amount in controversy exceeds $5,000,000, exclusive of interest and costs.”
Source: Johnston, et al. v. Costco Wholesale Corporation, No. 3:26-cv-00403 (S.D. Cal.), Class Action Complaint, Document 1, paragraph 6 (filed January 22, 2026)
Why Are People Filing Costco Chicken Lawsuits?
People are filing Costco chicken lawsuits because they say what Costco told shoppers about its $4.99 chicken did not match what was in the product or behind it. The two cases rest on different complaints about different conduct.
In the Johnston case, plaintiffs Bianca Johnston of Big Bear and Anatasia Chernov of Escondido say Costco's in-store signs and website promised "no preservatives" on the Seasoned Rotisserie Chicken. They say they would not have bought it, or would have paid less, had they known it contained sodium phosphate and carrageenan, which they allege act as preservatives.
In the Taylor case, plaintiff Lisa Taylor of Affton, Missouri says she bought Costco's rotisserie chicken regularly without knowing about the salmonella record at the Nebraska plant behind it. The complaint draws on a report by the animal-rights group Farm Forward and says Costco presented the chicken as safe and high quality while that record went undisclosed.
Costco says it removed the "no preservatives" signage and explained that it uses carrageenan and sodium phosphate "to support moisture retention, texture, and product consistency during cooking."
What Injuries Are Included in the Costco Chicken Lawsuit?
The injuries included in the Costco chicken lawsuit are economic rather than medical, a price-premium loss over the preservative-free label and a price-premium loss over the alleged salmonella risk. Neither complaint is built on a named plaintiff who became sick.
Costco denies wrongdoing in both cases and has asked each court to dismiss them.
False 'No Preservatives' Advertising
A false advertising claim says a seller made a statement about a product that was untrue or misleading, leading buyers to purchase it or pay more for it than they otherwise would have.
The Johnston complaint says the 'No Preservatives' claim misled shoppers because sodium phosphate and carrageenan function to preserve taste, texture and shelf life. It brings claims under Washington's Consumer Protection Act and California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, on behalf of a proposed nationwide class and a California subclass.
Costco's motion to dismiss calls the theory 'fatally flawed.' It argues neither ingredient is classed as a preservative under FDA rules, that both sit openly in the seasoning portion of the ingredient list, and that the chicken kept its $4.99 price after the signs came down, which Costco says undercuts any price-premium injury.
The plaintiffs answer that whether an ingredient works as a preservative is a factual question for discovery, and that courts judge labels by what a reasonable shopper understands rather than by FDA classification.
Salmonella Contamination Risk
Salmonella is a group of bacteria and a leading cause of foodborne illness in the United States, with symptoms that range from diarrhea and fever to hospitalization in severe cases.
The Taylor complaint says USDA inspection data placed the Lincoln Premium Poultry plant in Fremont, Nebraska in the agency's lowest food safety tier, Category 3, in roughly 92% of reporting periods since 2019. It also says the plant missed the salmonella performance standard every month from late 2023 through mid-2025. The claims are brought under Washington's Consumer Protection Act, unjust enrichment and breach of implied warranty, and seek compensatory and treble damages.
Costco's motion to dismiss argues the rotisserie chicken is fully cooked, which kills salmonella, and that Taylor does not say her chicken was contaminated or that she was hurt. Costco adds that Taylor did not buy raw chicken, that the 'USDA Grade A' label reflects physical quality rather than pathogen levels, and that she herself called the $4.99 price 'impossibly low.'
Who Qualifies for the Costco Chicken Lawsuit?
You may qualify if:
- You bought Kirkland Signature Seasoned Rotisserie Chicken from Costco in the United States and relied on the 'No Preservatives' claim on in-store signs or Costco's website
- You bought Costco rotisserie chicken or raw chicken parts between January 1, 2019 and today, which is the period the proposed Taylor class covers
- You can still bring a consumer-protection or false-advertising claim under your state's statute of limitations
You may not qualify if:
- You bought the chicken without seeing or relying on the 'No Preservatives' claim, since Costco says it has removed that signage
- You are claiming compensation for a confirmed salmonella illness, since the Taylor case seeks economic damages for overpayment rather than injury damages
- You want a payout now, since neither case has reached a settlement or a certified class
Both cases are proposed class actions with a Costco motion to dismiss pending, so no one has been formally included in a class and eligibility for any future recovery is undecided. Only a qualified attorney reviewing your purchase records and your state's deadlines can say whether you may have a claim.
What Is the Current Status of the Costco Chicken Lawsuit?
The current status of the Costco chicken lawsuit is that both federal proposed class actions are in early pretrial stages, with a Costco motion to dismiss filed in each and no ruling reported as of October 21, 2026. No settlement has been announced and no court has certified a class.
The two proceedings are tracked separately below because they sit in different courts, before different judges, and rest on different legal theories.
Johnston et al. v. Costco Wholesale Corporation, No. 3:26-cv-00403
Bianca Johnston and Anatasia Chernov filed this proposed class action on January 22, 2026 in the Southern District of California, where CourtListener lists Judge Anthony J. Battaglia as the assigned judge. Costco moved to dismiss on June 4, 2026, and the plaintiffs filed their opposition on June 22, 2026.
| Court | U.S. District Court, Southern District of California |
| Case Number | 3:26-cv-00403 |
| Judge | Anthony J. Battaglia |
| Filed | January 22, 2026 |
| Plaintiffs | Bianca Johnston and Anatasia Chernov |
| Plaintiffs' Counsel | Almeida Law Group LLC |
| Proposed Class | Nationwide class of Costco rotisserie chicken purchasers, plus a California subclass |
| Current Stage | Costco's motion to dismiss pending, no ruling reported |
A decision on the motion would decide whether the false-advertising theory moves into discovery, and no such decision had been reported when this page was last checked.
Taylor v. Costco Wholesale Corporation, No. 2:26-cv-00528
Lisa Taylor filed this proposed class action on February 12, 2026 in the Western District of Washington, where CourtListener lists Judge Tana Lin as the assigned judge. Costco had asked the court to dismiss the case with prejudice by mid-April 2026.
| Court | U.S. District Court, Western District of Washington |
| Case Number | 2:26-cv-00528 |
| Judge | Tana Lin |
| Filed | February 12, 2026 |
| Plaintiff | Lisa Taylor |
| Proposed Class | U.S. buyers of Costco rotisserie chicken and raw chicken parts since January 1, 2019 |
| Claims Alleged | Washington Consumer Protection Act, unjust enrichment, breach of implied warranty |
| Current Stage | Costco's motion to dismiss pending, no ruling reported |
If the court grants the motion with prejudice, the case would end at the pleading stage, and a denial would let the salmonella theory proceed.
What Is the Costco Chicken Lawsuit Payout?
The Costco chicken lawsuit payout has not been determined, because neither the Johnston case nor the Taylor case has produced a settlement, and no court has certified a class in either one.
Both cases are still at the motion-to-dismiss stage, which comes before any settlement talks or payout figures would normally emerge. Any payout number circulating online is speculation, and only a qualified attorney following each docket can give a case-specific estimate if a settlement is ever reached.
The damages theory in both cases is overpayment, meaning the price difference a shopper allegedly paid for a preservative-free or safer product, so any future recovery would likely be measured per purchase rather than per injury. Costco disputes that any premium existed and points to the unchanged $4.99 price.
Costco Chicken Lawsuit Updates and Case Status
The latest Costco chicken lawsuit updates cover filings in both cases, listed below in date order and verified against court and news sources as of October 21, 2026.
Costco Chicken Lawsuit Timeline
Johnston and Chernov file the 'No Preservatives' class action
Bianca Johnston and Anatasia Chernov sued Costco Wholesale Corporation in the Southern District of California, alleging the Kirkland Signature Seasoned Rotisserie Chicken's 'no preservatives' claim is false because the product contains sodium phosphate and carrageenan.
Costco says it removed the signage and defends its ingredients
In a statement to USA Today, Costco said it had removed signage suggesting its rotisserie chicken has no preservatives and that it uses carrageenan and sodium phosphate for moisture retention, texture and consistency during cooking.
Lisa Taylor files the salmonella class action in Washington
Lisa Taylor filed Taylor v. Costco Wholesale Corporation, No. 2:26-cv-00528, in the Western District of Washington, alleging Costco misled shoppers about salmonella contamination at the Nebraska plant that supplies its chicken.
Costco asks the Washington court to dismiss the Taylor case
By April 13, 2026, Costco had told the Western District of Washington that its fully cooked rotisserie chicken poses no health risk and that Taylor alleged neither a contaminated purchase nor an injury, and it asked for dismissal with prejudice.
Costco moves to dismiss the Johnston case as 'fatally flawed'
Costco asked the Southern District of California to throw out the Johnston complaint, arguing sodium phosphate and carrageenan are not FDA-defined preservatives and that the chicken's unchanged $4.99 price shows no price premium.
Plaintiffs urge the court to keep the Johnston case alive
Johnston and Chernov opposed the motion to dismiss, arguing that whether the two ingredients act as preservatives is a factual question for discovery and that they have standing to seek an injunction under California and Washington law.
How to File a Costco Chicken Lawsuit
These 5 steps outline how to file a Costco Chicken lawsuit.
- Save your purchase records: Locate receipts, Costco membership purchase history or card statements showing Kirkland Signature rotisserie or raw chicken purchases and their dates.
- Photograph packaging and signs: Keep any packaging or photos of the in-store 'No Preservatives' signage, since the Johnston theory depends on what shoppers were shown.
- Write down what you paid: Note the price you paid and why the label or safety record mattered to your decision, because both cases claim overpayment rather than injury.
- Speak with a consumer-protection attorney: An attorney can tell you whether your facts fit either pending case or support a separate claim under your state's statute of limitations.
- Watch for a class notice: If either case is certified or settles, class members are usually notified and given a claims process, and organized records make that easier to use.
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What Evidence Do You Need for a Costco Chicken Lawsuit?
The evidence you need for a Costco chicken lawsuit is mainly proof that you bought the chicken and what you saw when you bought it. Because both cases claim overpayment, purchase records matter more than medical records unless you believe you became ill.
- Proof of purchase: receipts, Costco purchase history or card statements with dates.
- Signage and packaging: photos or saved packaging showing the claims you saw in the warehouse.
- Illness records: a doctor's visit or lab result and its timing, only if you believe a purchase made you sick.
- Contact with Costco: any complaint, refund request or customer-service reply about the label or food safety.
Keep these records now and speak with an attorney early, since consumer-protection deadlines differ by state.
What Did Costco Allegedly Know About Its Chicken Before the Lawsuits?
Costco allegedly knew about the gap between its chicken marketing and its chicken supply chain before either complaint was filed. The Johnston plaintiffs say Costco's own ingredient list contradicted its signs, and the Taylor plaintiff says Costco's vertically integrated supply chain gave it a clear view of the Nebraska plant's inspection record.
Costco built the roughly $450 million Nebraska poultry complex in 2019 to control its chicken supply and hold the $4.99 price, according to reporting on the Taylor complaint, and the company said it sold more than 157 million Kirkland Signature rotisserie chickens worldwide in 2025. Costco has not admitted liability in either case.
| Event | Actor | Date | Outcome |
|---|---|---|---|
| 'No Preservatives' claim displayed in stores and online | Costco Wholesale Corporation | Before January 2026 | Basis of the Johnston false-advertising claim |
| Nebraska plant rated USDA Category 3 | USDA and Lincoln Premium Poultry | Roughly 92% of reporting periods since 2019, as alleged | Basis of the Taylor salmonella claim |
| Signage removed | Costco Wholesale Corporation | After January 22, 2026 | Costco says the ingredients are approved by food safety authorities |
| Motions to dismiss filed | Costco Wholesale Corporation | April and June 2026 | Pending, no ruling reported |
No court has ruled on the merits of either theory, so these remain allegations.
How Does the Costco Chicken Lawsuit Compare to the Shareholder Animal Welfare Case?
The Costco chicken lawsuit differs from the shareholder animal welfare case because it is brought by consumers over pricing and labeling, while the shareholder case was brought by investors over how chickens were raised. The shareholder case, Smith v. Vachris, was a derivative suit filed in June 2022 in King County Superior Court in Washington by two Costco shareholders represented by Legal Impact for Chickens.
It accused Costco's directors and officers of breaching fiduciary duties by letting the company violate Nebraska and Iowa livestock neglect laws. According to Costco's SEC filings, the court granted the motion to dismiss on March 28, 2023. That case is a different lawsuit, and it is not part of the Johnston or Taylor proceedings. For the same topic with different framing, see the page on the Costco rotisserie chicken lawsuit.
| Case | Plaintiffs | Core claim | Status |
|---|---|---|---|
| Johnston v. Costco (S.D. Cal.) | Two California shoppers | 'No Preservatives' claim is false | Motion to dismiss pending |
| Taylor v. Costco (W.D. Wash.) | One Missouri shopper | Undisclosed salmonella risk | Motion to dismiss pending |
| Smith v. Vachris (King County) | Two shareholders | Animal welfare and fiduciary duty | Dismissed March 28, 2023 |
Frequently Asked Questions
What is the Costco chicken lawsuit about?
The Costco chicken lawsuit is about two separate proposed class actions over Costco's rotisserie chicken. One says the 'no preservatives' claim is false because the chicken contains sodium phosphate and carrageenan, and the other says Costco misled shoppers about salmonella risk at its Nebraska poultry plant.
Is the Costco chicken lawsuit a class action or an MDL?
The Costco chicken lawsuit is two proposed class actions and not a multidistrict litigation. The Johnston case is in the Southern District of California and the Taylor case is in the Western District of Washington, and neither has been consolidated with the other.
Can I join the Costco chicken lawsuit or sign up for a payout?
You cannot currently join the Costco chicken lawsuit or claim a payout, because neither case has a certified class or a settlement. If a class is certified or a settlement is reached, notice and a claims process would normally follow.
Has Costco settled the chicken lawsuit?
Costco has not settled the chicken lawsuit. Both the Johnston and Taylor cases remain at the motion-to-dismiss stage, and no ruling on either motion had been reported as of October 21, 2026.
What is Costco's defense in the chicken lawsuit?
Costco's defense in the chicken lawsuit is that the claims fail on the facts and the law. It says sodium phosphate and carrageenan are not FDA-defined preservatives, that the chicken is fully cooked, and that neither plaintiff alleges a contaminated purchase or an injury.
Does the salmonella claim mean Costco chicken is unsafe to eat?
The salmonella claim does not establish that Costco chicken is unsafe to eat, because the allegations are unproven and Costco disputes them. Cooking chicken to a safe internal temperature reduces salmonella risk, and Costco argues its rotisserie chicken is fully cooked.
Is the Costco chicken lawsuit the same as the shareholder animal welfare suit?
The Costco chicken lawsuit is not the same as the shareholder animal welfare suit. That earlier case, Smith v. Vachris, was a 2022 derivative suit by shareholders in King County, Washington, and it was dismissed in March 2023.