Costco Chicken Lawsuit 2026: Rotisserie Chicken Case Status Explained
Quick Answer
- The Costco chicken lawsuit is real: two separate federal class actions, one over “no preservatives” labeling and one over salmonella risk.
- There is no settlement fund yet and no confirmed payout amount for either case.
- Costco’s motion to dismiss the preservatives lawsuit will be heard August 13, 2026, in San Diego.
If you’ve seen headlines about a Costco chicken lawsuit, there are actually two of them, and both are still in early stages. One lawsuit, filed January 22, 2026, accuses Costco of falsely advertising its Kirkland Signature Rotisserie Chicken as containing “no preservatives.” The other, filed February 12, 2026, alleges chronic salmonella contamination at Costco’s Nebraska poultry plant.
Neither case has produced a settlement, a claim form, or a payout figure. The most important date right now is August 13, 2026, when a judge hears Costco’s request to dismiss the preservatives case entirely.
This article breaks down both lawsuits, what each one alleges, and where things stand today. One detail that surprises people: Costco removed the disputed “no preservatives” signage almost immediately after the first suit was filed, but the chicken’s price never changed.
The Facts
| Case | Johnston, et al. v. Costco Wholesale Corp. (preservatives) and Taylor v. Costco Wholesale Corp. (salmonella) |
| Court | U.S. District Court, Southern District of California (preservatives); U.S. District Court, Western District of Washington (salmonella) |
| Status | Both cases in early litigation, no class certification or settlement reached |
| Fund Size | Not yet confirmed, no settlement has been reached in either case |
| Est. Per Person | Not yet determined |
| Claim Deadline | Not applicable, no claims process currently exists |
| Administrator | Not yet appointed |
| Proof Needed | Not applicable at this stage |
Is the Costco Chicken Lawsuit Real?
Yes, this is a real, active pair of federal class action lawsuits, not internet rumor or exaggeration.
The first case, Johnston, et al. v. Costco Wholesale Corp., Case No. 3:26-cv-00403, was filed January 22, 2026, in the U.S. District Court for the Southern District of California. The second, Taylor v. Costco Wholesale Corp., Case No. 2:26-cv-00528, was filed February 12, 2026, in the U.S. District Court for the Western District of Washington.
Both cases are proposed class actions, meaning no judge has yet certified a formal class of consumers. You can verify both filings through the federal court’s public PACER docket system.
Is the Costco Rotisserie Chicken Lawsuit a Scam or a Hoax?
No, both lawsuits are legitimate court filings backed by named plaintiffs, licensed attorneys, and detailed legal complaints.
The preservatives case was brought by two California women, Bianca Johnston and Anastasia Chernov, represented by Almeida Law Group. The salmonella case was brought by Lisa Taylor of Missouri, represented by attorneys from Tousley Brain Stephens, Chimicles Schwartz Kriner & Donaldson-Smith, and Carey, Danis & Lowe.
Costco has publicly responded to both lawsuits and is actively contesting them in court, which confirms the litigation is genuinely underway rather than a false claim circulating online.
Key Takeaway: These are two separate, real federal lawsuits against Costco, but neither has produced a settlement or payout of any kind as of this writing.
How Much Money Can You Get From the Costco Chicken Lawsuit?
Not yet determined. Neither Costco chicken lawsuit has reached a settlement, so there is no confirmed payout figure for either case.
Both lawsuits are still in early procedural stages, meaning the parties haven’t negotiated compensation, and no court has approved any payment structure. The preservatives case seeks unspecified monetary damages, restitution, and disgorgement of profits. The salmonella case seeks compensatory, treble, and restitution damages, plus a jury trial.
If either case eventually settles or wins at trial, a payout structure and claims process would need separate court approval before any money reaches consumers.
Is There a Costco Rotisserie Chicken Settlement Fund Yet?
No, there is no settlement fund for either lawsuit as of July 19, 2026.
A settlement fund only gets created after a company agrees to resolve claims, typically following mediation or a court ruling that lets a case move forward. Neither Costco case has reached that point.
Not yet determined, because: the preservatives case is awaiting a ruling on Costco’s motion to dismiss, and the salmonella case’s motion to dismiss outcome hasn’t been publicly confirmed either.
Reality Check: Because there’s no settlement fund or claims process in either case, anyone contacting you claiming you can file a claim for Costco chicken settlement money right now is not describing a real option. No legitimate claim exists yet, and no one should ever pay a fee to “register” for a lawsuit that hasn’t settled.
Can You Join the Costco Chicken Lawsuit Right Now?
You can’t formally join either case yet, since neither has reached class certification.
A federal judge must certify a class before these lawsuits function as true class actions covering all eligible consumers. That process typically takes months, sometimes longer, and hasn’t happened in either Costco case.
What You Can Do Now:
- Keep receipts and Costco membership records showing chicken purchases
- Save photos of in-store signage or packaging if you have them
- Monitor the PACER docket for updates on both cases
- Contact the plaintiffs’ law firms directly if you want to register interest
- Watch for class certification filings before assuming you can file a claim
How to Register Your Interest in the Costco Chicken Cases
You can contact the plaintiffs’ law firms directly if you want to be notified about developments in either case.
Almeida Law Group represents the plaintiffs in the preservatives case. Tousley Brain Stephens, Chimicles Schwartz Kriner & Donaldson-Smith, and Carey, Danis & Lowe represent the plaintiff in the salmonella case. Many firms handling class actions like these offer free initial consultations.
This step doesn’t guarantee you’ll receive money. It simply puts you on a list to potentially hear about developments as the cases progress.
Can You File a Claim for the Costco Rotisserie Chicken Lawsuit?
No, there’s no claim form available for either lawsuit right now, because neither case has settled or reached class certification.
That’s a lot like trying to file an insurance claim before your policy actually covers an incident. The mechanism to file simply doesn’t exist yet.
If either case eventually reaches a settlement, a court-approved claims process, an administrator, and a claim form would need to be established first, likely with public notice sent to affected consumers.
Key Takeaway: There is currently no way to file a claim in either Costco chicken lawsuit, and any website suggesting otherwise isn’t describing the actual state of these cases.
What Is the Status of the Costco Chicken Lawsuit as of July 2026?
As of July 19, 2026, both Costco chicken lawsuits remain in early litigation, with dismissal motions pending or recently argued in each case.
The preservatives lawsuit is headed toward an August 13, 2026 hearing in San Diego on Costco’s motion to dismiss. The salmonella lawsuit’s motion to dismiss was filed April 14, 2026, with a ruling expected around May 11, 2026, though the outcome hasn’t been confirmed in public reporting reviewed for this article.
| Case | Filed | Motion to Dismiss Filed | Next Key Date |
|---|---|---|---|
| Johnston v. Costco (preservatives) | January 22, 2026 | June 4, 2026 | Hearing August 13, 2026 |
| Taylor v. Costco (salmonella) | February 12, 2026 | April 14, 2026 | Ruling expected, outcome not yet confirmed |
Did the Court Rule on Costco’s Motion to Dismiss the Preservatives Lawsuit?
Not yet. As of this writing, no ruling has been issued on Costco’s motion to dismiss the preservatives case.
Costco filed the motion June 4, 2026, arguing the claims are “fatally flawed” because sodium phosphate and carrageenan don’t function as preservatives in the chicken, the ingredients are disclosed on the label, and the chicken’s $4.99 price never changed after the disputed signage came down.
A hearing on that motion is scheduled for August 13, 2026, in San Diego federal court. Costco is asking the judge to dismiss the case with prejudice, meaning the plaintiffs couldn’t refile it.
Did the Court Rule on Costco’s Motion to Dismiss the Salmonella Lawsuit?
Not yet confirmed. Reporting reviewed for this article did not find a confirmed public ruling on Costco’s motion to dismiss the salmonella case.
Costco filed that motion April 14, 2026, arguing the plaintiff didn’t allege her chicken was contaminated or that she suffered any illness, and that fully cooked chicken kills salmonella bacteria regardless of contamination levels at the processing plant. Some earlier reporting suggested a ruling might come around May 11, 2026, but no confirmed outcome from that date has been verified.
Watch the Western District of Washington’s public docket for Case No. 2:26-cv-00528 for the actual ruling once it’s issued.
When Will the Costco Chicken Lawsuit Go to Trial or Settle?
Not yet determined. No trial date has been set in either case, and no settlement talks have been publicly reported.
Federal class actions like these commonly take one to three years to resolve, whether through dismissal, settlement, or trial. Both Costco cases are still working through preliminary motions, well before the class certification and discovery phases that typically precede any settlement discussion.
Key Takeaway: Both cases could still be dismissed, refiled, settled, or sent to trial, and no realistic timeline exists yet for either outcome.
What Is the Costco Rotisserie Chicken Preservatives Lawsuit About?
This lawsuit alleges Costco falsely advertised its Kirkland Signature Rotisserie Chicken as containing “no preservatives” when it actually contains sodium phosphate and carrageenan.
Plaintiffs argue these ingredients function like preservatives because they help control moisture, texture, and shelf stability. The complaint claims Costco displayed “no preservatives” signage in stores and online, misleading shoppers who rely on such claims when deciding what to buy.
“Costco Wholesale Corporation has systemically cheated customers out of tens, if not hundreds, of millions of dollars,” the complaint alleges, seeking damages under California and Washington consumer protection laws.
What Is the Costco Rotisserie Chicken Salmonella Lawsuit About?
This lawsuit alleges Costco’s dedicated poultry plant in Nebraska has chronically failed federal salmonella safety standards since it opened in 2019.
The complaint cites USDA inspection records showing the Lincoln Premium Poultry facility in Fremont received the agency’s worst food safety rating, Category 3, in roughly 92% of reporting periods since 2019. It further alleges the plant failed every monthly salmonella test from late 2023 through mid-2025.
What the Lawsuit Claims:
- Chronic salmonella contamination at Costco’s dedicated poultry plant
- Costco knew about the contamination pattern but didn’t disclose it
- Costco prioritized keeping the $4.99 price over addressing safety issues
- Consumers were misled about the chicken’s safety and quality
What Does Costco Say About the Allegations?
Costco has denied wrongdoing in both cases and is actively seeking dismissal of each lawsuit.
On the preservatives claim, Costco’s lawyers argue sodium phosphate and carrageenan don’t legally function as preservatives in the chicken, that FDA regulations support this position, and that the ingredients are clearly disclosed in the seasoning breakdown on the product label. Costco also points out the chicken’s price stayed at $4.99 even after removing the disputed signage, arguing this undercuts any claim that shoppers paid a premium.
On the salmonella claim, Costco argues the chicken is fully cooked, which kills salmonella bacteria regardless of contamination at the processing stage, and that the plaintiff didn’t allege she got sick or that her specific chicken was contaminated.
Has the USDA Recalled Any Costco Chicken?
No, as of the most recent confirmed reporting, the USDA has not issued a recall for any Costco rotisserie chicken or Kirkland Signature chicken product tied to these lawsuits.
That distinction matters. A recall would represent a formal government safety action, separate from the civil lawsuits currently working through federal courts. You can check the current list of active USDA poultry recalls directly through the agency’s food safety website.
The absence of a recall doesn’t resolve the legal allegations either way. It simply means no formal recall action has accompanied the litigation so far.
What Happens Next
August 13, 2026: Hearing scheduled on Costco’s motion to dismiss the preservatives lawsuit in San Diego.
Pending: Ruling on Costco’s motion to dismiss the salmonella lawsuit, filed April 14, 2026.
If either motion is denied: The surviving case would move toward discovery and potential class certification.
If either motion is granted: Plaintiffs would likely have the option to file an amended complaint, restarting parts of the process.
Expected timeline: No settlement or trial date is anticipated before both dismissal motions are resolved.
Frequently Asked Questions
Is there a Costco chicken lawsuit settlement?
No, neither Costco chicken lawsuit has reached a settlement as of July 19, 2026.
Both cases remain in early litigation with dismissal motions pending or recently argued.
No claim form or payout amount currently exists for either case.
How much can I get from the Costco rotisserie chicken lawsuit?
This is not yet determined, since neither case has settled or been decided.
Both lawsuits seek damages, but no court has approved any specific payout amount.
Any figure you see online claiming a confirmed payout isn’t accurate right now.
Can I file a claim in the Costco chicken lawsuit?
No, there’s no claims process available in either case at this time.
A claims process would only exist after a settlement or favorable court ruling.
Watch official court dockets for updates before assuming you can file anything.
What is the Costco preservatives lawsuit about?
It alleges Costco falsely advertised its rotisserie chicken as containing no preservatives.
The complaint says the chicken contains sodium phosphate and carrageenan.
Costco has asked the court to dismiss the case at a hearing set for August 13, 2026.
What is the Costco salmonella lawsuit about?
It alleges chronic salmonella contamination at Costco’s Nebraska poultry processing plant.
The complaint cites USDA records showing the plant’s worst possible food safety rating.
Costco has moved to dismiss the case, arguing the chicken is fully cooked before sale.
Has Costco recalled its rotisserie chicken?
No, the USDA has not issued a recall tied to either pending lawsuit.
A recall would be a separate government action from the civil litigation underway.
Check the USDA’s food safety website for the current list of active poultry recalls.
Who filed the Costco chicken lawsuits?
Two California women filed the preservatives lawsuit, and a Missouri woman filed the salmonella lawsuit.
Both are proposed class actions representing potentially millions of Costco shoppers.
Neither case has been certified as an official class action by a judge yet.
When will the Costco chicken lawsuit be resolved?
No trial date or settlement timeline exists yet for either case.
Both are awaiting rulings on Costco’s motions to dismiss before moving further.
Federal class actions like these often take one to three years to resolve.
Watch the federal court dockets for both cases before assuming any settlement or claim exists. The single most important date right now is August 13, 2026, when the preservatives case dismissal hearing takes place in San Diego.
