Costco Class Action Lawsuit Over Kirkland Frozen Pasta Preservatives

Costco Wholesale Corp. Is facing a class action lawsuit alleging that the company misled consumers regarding the ingredients in its frozen pasta. The complaint focuses on the labelling of Kirkland Signature Five Cheese Tortelloni with Parmigiano Reggiano.

Plaintiff Sydney Turner filed the legal action on April 29 in California federal court. The lawsuit alleges that Costco violated both state and federal consumer laws through its marketing practices.

The Dispute Over “No Preservatives”

According to the complaint, Costco advertises and sells the frozen pasta with a “no preservatives” claim on the front label. This representation led consumers to believe the product was free from artificial preservatives.

However, the lawsuit points to the ingredient list on the back panel, which reveals the presence of manufactured citric acid. The plaintiff alleges this substance is a preservative created through chemical processing and industrial fermentation.

Did You Know? The lawsuit cites reports that the citric acid used in the product is manufactured using a modified type of black mold known as Aspergillus niger to increase production.

Turner claims she relied on the “no preservatives” label when purchasing the pasta in December 2023. She asserts she would not have bought the product, or would have paid less for it, had the preservative been clearly disclosed.

Legal Implications and Health Claims

The lawsuit argues that manufactured citric acid is not a natural ingredient. The complaint further alleges that the consumption of this manufactured version has been associated with adverse health events.

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the filing claims This proves not commercially feasible for the company to use natural citric acid extracted from fruits, necessitating the use of the manufactured version.

Expert Insight: Samantha Carter notes that this case highlights the significant legal risks companies face when front-of-package marketing claims contradict the detailed ingredient lists on the back. Such discrepancies can open the door to allegations of fraud and unjust enrichment.

Turner is suing for several violations, including California unfair competition, false advertising, and consumer legal remedy laws. The suit also alleges breach of express and implied warranties, fraud, and negligent misrepresentation.

Potential Next Steps

The plaintiff is currently seeking certification for a nationwide class of consumers who purchased the frozen pasta, as well as specific subclasses in certain states.

Depending on the court’s findings, the case may proceed toward a jury trial. Possible outcomes could include the awarding of damages, fees, and costs if the court finds Costco’s labelling was deceptive.

This is not the only legal challenge facing the retailer. Earlier this year, another lawsuit was filed accusing Costco of violating California law regarding the timing and quality of membership renewal notices.

The case, Turner v. Costco Wholesale Corporation (Case No. 8:26-cv-01013), is being heard in the U.S. District Court for the Central District of California. The plaintiff is represented by Nathaniel Haim Sari and Adrian Gucovschi of Gucovschi Law Firm PLLC.

Frequently Asked Questions

What specific product is the subject of the lawsuit?
The lawsuit concerns Kirkland Signature Five Cheese Tortelloni with Parmigiano Reggiano frozen pasta.

Why is manufactured citric acid a point of contention?
The lawsuit claims that while the front label says “no preservatives,” manufactured citric acid is a preservative produced via chemical processing and modified black mold, rather than being naturally extracted from fruit.

What is the plaintiff seeking in this case?
Sydney Turner is seeking class certification, damages, fees, costs, and a jury trial.

Do you believe that ingredients produced through industrial fermentation should be labeled as preservatives?