Costco Halts Suit Over Excess Water in Chicken Cans

Costco won dismissal of a would-be class alleging certain Kirkland-brand canned chicken products were packed with excess water.

Claims that the label on the Costco Wholesale Corp. product is misleading are preempted, the U.S. District Court for the Southern District of New York ruled Jan. 10.

A jury finding for plaintiff Mary La Vigne would directly conflict with the assessment of the U.S. Department of Agriculture’s Food Safety Inspection Service, and would introduce requirements different from those imposed by the Poultry Products Inspection Act, Judge Nelson S. Román said.

The remaining claims fail because the plaintiffs can’t “plausibly” claim that ...