Is Costco Tortellini Falsely Labeled? the 'No Preservatives' Lawsuit Fact-Checked
The technical core of the dispute rests on food chemistry and industrial manufacturing. Filled pasta poses unique preservation risks. The moisture within ricotta, parmesan, fontina, romano, and asiago cheeses easily migrates into the outer semolina dough jacket, creating a hospitable environment for bacterial proliferation, mold, and rancidity if water activity and acidity remain unmanaged.
To keep the pasta stable through wholesale distribution networks, manufacturers often incorporate citric acid. While naturally found in citrus fruits, industrial food-grade citric acid is almost universally manufactured through submerged fermentation using the fungal mold Aspergillus niger fed on corn starch or beet molasses. This synthetic additive lowers pH levels quickly and cheaply.
Costco's defense strategy typically hinges on the intent and technical function of the ingredient. Food processors frequently argue that citric acid serves strictly as a flavoring agent or acidity regulator designed to brighten dairy notes, rather than to prevent spoilage. However, plaintiffs counter that regardless of stated intent, an ingredient that inhibits mold growth functions de facto as a preservative under the law, rendering unqualified "No Preservatives" assertions fraudulent.