A recent class action lawsuit against Costco US over its Kirkland Signature Seasoned Rotisserie Chicken highlights how critical it is to carefully assess product claims. The lawsuit alleges that Costco US advertised the product as containing “no preservatives,” while the formulation includes additives such as sodium phosphate and carrageenan, which are claimed to perform preservative functions like maintaining texture and extending shelf life.
This case highlights an important consideration for food manufacturers and retailers: it’s not just the ingredients present in a product, but the role they play in the formulation that determines whether a claim can be made and substantiated. Many food additives can serve multiple functions depending on how they are used in a formulation. When claims such as “No Preservatives” or “No Added Preservatives” or “Preservative Free” are made, businesses must ensure that none of the ingredients perform a preservative function within the final product.
With consumers increasingly seeking clean-label products—commonly understood as products made with simpler, fewer and easily recognisable ingredients, with minimal additives and greater transparency—front-of-pack claims such as “No Preservatives” play a significant role in purchasing decisions. As a result, inaccurate or unsupported claims can expose businesses to regulatory scrutiny, legal action and reputational damage.
To mitigate these risks, businesses should conduct thorough formulation assessments, ingredient function reviews – accurately declaring any additives as required under Food Standard Code – and carry out documentation checks supported by credible PIFs and technical substantiation.
Our team at MSAC Solutions can assist with documentation reviews, ingredient functionality assessments and claims verification to help ensure product claims are properly substantiated and compliant.










