What Is the Costco Protein Powder Lawsuit?
The Costco protein powder lawsuit is a proposed nationwide consumer class action filed on July 7, 2026 in the U.S. District Court for the Western District of Washington at Seattle. Seven consumers from six states sued Costco Wholesale Corporation, alleging that the Orgain Organic Protein Powder it sells contains lead, cadmium, and arsenic that were never disclosed to shoppers.
The case targets Costco as the seller, not Orgain as the manufacturer, and it is a single class action rather than an MDL. The allegations are unproven, and the powder is the only Costco protein powder the complaint names. A fuller docket-level breakdown sits on the Costco Orgain protein powder lawsuit page.
“Costco sells Orgain Organic Protein Powder (the "Contaminated Products") in its stores and online.”
Source: Barton v. Costco Wholesale Corporation, No. 2:26-cv-02364 (W.D. Wash.), Class Action Complaint, Document 1, paragraph 1 (filed July 7, 2026)
Why Are People Filing Costco Protein Powder Lawsuits?
People are filing Costco protein powder lawsuits because the plaintiffs say Costco sold the powder as clean nutrition without telling buyers that testing found heavy metals in it. The complaint points to the "quality ingredients and higher standards" and "good clean fuel" language on the product, and it argues that none of it disclosed lead, cadmium, or arsenic.
The plaintiffs frame the claim as concealment, not contamination added by Costco. In their account, a shopper cannot detect heavy metals without laboratory testing, so the shopper relies on what the seller says. Each plaintiff says they would not have bought the powder, or would have paid less, had the metals been disclosed.
The retailer angle is the distinctive part. The complaint alleges Costco writes and controls the content of its own product detail pages, sells the powder through roughly 600 U.S. warehouses and online, and has the resources to demand testing from suppliers.
What Injuries Are Included in the Costco Protein Powder Lawsuit?
The Costco protein powder lawsuit includes four distinct categories of alleged harm: economic loss from overpayment and exposure to three heavy metals. The complaint's counts are consumer protection and concealment claims, so the money lost on the purchase is the harm the plaintiffs lead with, and the three metals explain why they say the powder was worth less.
The complaint also describes the metals as linked to serious health effects with no known safe level of exposure. Those are the plaintiffs' allegations about the metals in general, and the items below separate each claim.
Economic Loss from Overpayment
Economic loss from overpayment is the financial harm of paying more for a product than it was worth, usually measured as the gap between the price paid and the value actually delivered.
The plaintiffs say they bought Vanilla Bean or Creamy Chocolate Fudge powder for roughly $27 to $39 per container and would not have bought it, or would have paid a lower price, had Costco disclosed the metals.
This is the claim the case depends on most, because it does not require proof that any buyer became ill. It rests on what the labeling and product page led buyers to expect.
Lead Exposure
Lead is a naturally occurring toxic metal that can accumulate in the body over time.
Testing arranged by plaintiff Randall Hartwright and the plaintiffs' lawyers, corroborated by Microbac Laboratories, found lead at up to 67 parts per billion in Vanilla Bean and up to 46 parts per billion in Creamy Chocolate Fudge. The highest per-serving reading, 3.37 micrograms, is above California's Proposition 65 daily lead level of 0.5 micrograms.
Proposition 65 is a warning threshold, so exceeding it can require a label but is not a finding that a product is unsafe. Lead carries the case because it is the metal whose readings the plaintiffs measure against that threshold.
Cadmium Exposure
Cadmium is a naturally occurring toxic metal that can build up in the body, especially in the kidneys, over time.
The plaintiffs' testing found cadmium in every sample, at up to 70.3 parts per billion. The complaint alleges cadmium has no known safe level of exposure and links it to cancers and developmental harm.
The cadmium allegation supports the concealment theory, since the plaintiffs say Costco never mentioned it, and it does not depend on a regulatory threshold being crossed.
Arsenic Exposure
Arsenic is a naturally occurring element found in soil and water, and long-term exposure to some forms of it is linked to health problems.
The testing found arsenic at up to 18 parts per billion. The complaint links arsenic to cancer and cardiovascular disease and treats it as the third undisclosed metal in the powder.
Like cadmium, the arsenic allegation adds weight to the overall impression claim and is not a standalone threshold exceedance.
Who Qualifies for the Costco Protein Powder Lawsuit?
You may qualify if:
- You bought Orgain Organic Protein Powder in Vanilla Bean or Creamy Chocolate Fudge from a Costco warehouse or Costco.com
- You bought it for personal or household use, not to resell
- You made the purchase within the period the complaint covers, which runs from the start of the applicable limitations period to the present
- You live in the United States, with separate proposed subclasses for buyers in Washington, California, Illinois, Minnesota, Ohio, and Texas
You may not qualify if:
- You bought the powder only from another retailer such as Amazon, Target, or Walmart
- You bought it to resell it
- You bought a different protein powder, brand, or flavor that the complaint does not name
- You are Costco or one of its officers, directors, employees, or affiliates
No court has certified a class in Barton, so no one is formally a class member yet, and the class definition could change or the case could be dismissed. Whether you can take part depends on your purchase records, your state, and the court's final class definition, and only a qualified attorney reviewing your records can confirm it.
What Is the Current Status of the Costco Protein Powder Lawsuit?
The current status of the Costco protein powder lawsuit is that the case is at the pleading stage, with Costco's motion to dismiss reported on October 1, 2026 and no class certified. No ruling on the motion appeared in sources checked on October 26, 2026.
Barton v. Costco Wholesale Corporation
Stephen Barton of Washington and six other consumers filed the 87-page Class Action Complaint on July 7, 2026. It asserts twelve counts under the Washington Consumer Protection Act, California, Illinois, Minnesota, Ohio, and Texas consumer laws, and a nationwide fraudulent concealment claim under Washington law.
| Court | U.S. District Court, Western District of Washington at Seattle |
| Case Number | 2:26-cv-02364 |
| Filed | July 7, 2026 |
| Plaintiffs | Stephen Barton (WA), Daniel Levine (CA), Sandi Morgan (CA), Tucker Jaroll (IL), Claire Schmitt (MN), Anna Baltzer (OH), Randall Hartwright (TX) |
| Defendant | Costco Wholesale Corporation |
| Plaintiffs' Counsel | Hagens Berman Sobol Shapiro LLP and Hecht Partners LLP |
| Proposed Class | Household purchasers of the two named flavors from Costco warehouses or Costco.com, with Washington, California, Illinois, Minnesota, Ohio, and Texas subclasses |
| Current Stage | Costco motion to dismiss reported October 1, 2026; no class certified |
Costco's motion to dismiss, as reported by Top Class Actions, argues that phrases such as "good clean fuel" never mention lead, cadmium, or arsenic and are non-actionable puffery that describes nutrition. Costco also argues that the highest alleged lead reading, 3.37 micrograms per serving, is less than half of the FDA's interim reference level of 8.8 micrograms per day, and that the plaintiffs lack standing to seek an injunction or to sue over two flavors that were not tested. It asks the court to dismiss every claim with prejudice.
The report did not state a hearing date or an opposition deadline, so the next steps are the plaintiffs' response and the court's decision.
Is There a Costco Protein Powder Lawsuit Settlement?
No. No Costco protein powder lawsuit settlement exists as of October 26, 2026, and no claims process, settlement fund, or claim form is open.
Press coverage does not state a damages figure for the case, and no court has certified a class. Any payout would depend on class certification, the damages model the court accepts, and the number of claimants.
Costco's request for dismissal with prejudice matters to the settlement outlook. If the court grants it, those claims could not be refiled, and if the court denies it, the case moves toward discovery and a class certification fight, which is usually the stage where settlement talks begin.
The per-container prices in the plaintiffs' purchases, roughly $27 to $39, frame the scale of an individual refund, but no per-person figure can be responsibly estimated at the pleading stage.
Costco Protein Powder Lawsuit Updates and Case Status
Here is the current status of the Costco Protein Powder lawsuit, updated with new filings, rulings, and case-count reports as they're confirmed. The Barton v. Costco class action continues in active pretrial proceedings as of October 2026, with no global settlement reached. See the full timeline below for every confirmed development since the litigation began.
Costco Protein Powder Lawsuit Timeline
Clean Label Project publishes its protein powder study
The Clean Label Project, a nonprofit that tests consumer products for contaminants, published a study of 160 popular protein powders in January 2025. ClassAction.org reports that neither Orgain flavor named in the Costco case appears on the group's list of certified clean powders.
Consumer Reports tests protein powders for lead
Consumer Reports published its October 2025 protein powder testing, which rated Orgain Vanilla Bean powder okay to eat occasionally because of its lead content. The Barton complaint cites this report.
Texas attorney general opens a protein powder investigation
Texas Attorney General Ken Paxton opened an industry-wide investigation into protein powder manufacturers on June 8, 2026 under the Texas Deceptive Trade Practices Act. The investigation targets manufacturers and does not name Costco.
Seven consumers file Barton v. Costco Wholesale Corporation
Stephen Barton and six other consumers filed the proposed class action against Costco Wholesale Corporation on July 7, 2026 in the Western District of Washington, docketed as No. 2:26-cv-02364. The 87-page complaint alleges that Orgain Organic Protein Powder sold by Costco contains undisclosed lead, cadmium, and arsenic.
Orgain says its products comply with food safety standards
Orgain, which is not a defendant in Barton, told reporters in July 2026 that trace amounts of environmental substances can appear in plant-based ingredients and that its products comply with applicable food safety standards and guidelines. Coverage from the same month noted that Costco had not publicly responded to the lawsuit.
Costco moves to dismiss every claim in Barton
Top Class Actions reported on October 1, 2026 that Costco Wholesale Corporation asked the Western District of Washington to dismiss all claims in the Costco protein powder case with prejudice. No hearing date or ruling had been reported as of October 26, 2026.
How to File a Costco Protein Powder Lawsuit
These 6 steps outline how to file a Costco Protein Powder lawsuit.
- Check that your purchase fits the case: The proposed class covers Orgain Organic Protein Powder in Vanilla Bean or Creamy Chocolate Fudge bought from a Costco warehouse or Costco.com for household use.
- Gather your proof of purchase: Your Costco membership account purchase history, online order confirmations, or receipts can show what you bought, when, and for how much.
- Keep the container and photograph the label: A photo of the flavor, size, and lot code ties your purchase to the product described in the complaint.
- Note the dates, prices, and your state: The proposed subclasses and the applicable consumer protection law depend on where you bought the powder.
- Consult a consumer class action attorney: A qualified attorney can confirm whether your purchase and your state's deadlines fit the case.
- Watch the docket for a claims process: No claim form exists yet, so track Barton v. Costco Wholesale Corporation, No. 2:26-cv-02364 in the Western District of Washington for a class certification order or settlement.
Answer a few questions and a case reviewer will follow up. Free, no obligation.
A case reviewer will follow up soon.
What Evidence Do You Need for a Costco Protein Powder Lawsuit?
Evidence for a Costco protein powder lawsuit claim centers on proof that you bought the named powder from Costco, because the claims pleaded are consumer protection and concealment claims. A Costco membership purchase history, an online order confirmation, or a receipt showing the product name, flavor, date, and price is the core record.
A photograph of the container, including the flavor and lot code, helps connect your purchase to the products in the complaint. Medical records are not part of the pleaded claims, and anyone with a health concern about heavy metal intake should raise it with a doctor separately from any legal claim.
What Did Costco Allegedly Know About Heavy Metals in Its Protein Powder?
The Barton complaint alleges Costco knew, or at a minimum should have known, that the Orgain powder contained detectable heavy metals and sold it anyway. The theory rests on Costco's position as a major national retailer with supply-chain resources, and on the complaint's claim that Costco controls the content of its own product pages.
The table below lists the public testing and government actions the complaint and press coverage point to.
| Date | Event | Why it matters to the case |
|---|---|---|
| January 2025 | Clean Label Project publishes its 160-product protein powder study | Public testing that predates the complaint and is cited as notice |
| October 2025 | Consumer Reports publishes its protein powder lead testing | Public testing that names Orgain Vanilla Bean |
| June 8, 2026 | Texas attorney general opens an industry-wide protein powder investigation | Government scrutiny aimed at manufacturers, not Costco |
| July 7, 2026 | Barton v. Costco Wholesale Corporation is filed | The case that names Costco as the seller |
Costco has not been found to have known of any contamination or to have misled anyone. Its position in the motion to dismiss is that its marketing made no promise about heavy metals, and the plaintiffs' testing remains unproven in court.
How Does the Costco Protein Powder Lawsuit Compare to Related Cases?
The Costco protein powder lawsuit differs from other protein powder heavy metal cases mainly because it sues a retailer instead of the brand that makes the powder. The closest federal precedent concerns a brand defendant. On April 2, 2026 the Judicial Panel on Multidistrict Litigation denied a motion to centralize five Huel heavy metal class actions as MDL No. 3177, finding centralization unwarranted for so few actions, and that order has no bearing on Barton.
| Case | Defendant | Product and issue | Status |
|---|---|---|---|
| Barton v. Costco Wholesale Corporation, No. 2:26-cv-02364 (W.D. Wash.) | Costco Wholesale Corporation | Orgain Organic Protein Powder sold at Costco; undisclosed lead, cadmium, and arsenic | Motion to dismiss reported October 1, 2026 |
| In re Huel, Inc., Heavy Metal Products Liability Litigation, MDL No. 3177 | Huel, Inc. and Huel, Ltd. | Huel Black Edition protein powder; heavy metals such as lead | Centralization denied April 2, 2026 |
Costco faces other consumer suits that are separate from this one. The Costco lawsuit page tracks its other matters, and the Costco Orgain protein powder lawsuit page covers this same case in more detail.
Frequently Asked Questions
What is the Costco protein powder lawsuit about?
The Costco protein powder lawsuit is about whether Costco misled shoppers by selling Orgain Organic Protein Powder as clean nutrition without disclosing lead, cadmium, and arsenic that the plaintiffs' testing found. Seven plaintiffs from six states filed it on July 7, 2026, and Costco argues in its motion to dismiss that its marketing never promised the powder was free of heavy metals.
Is the Costco protein powder lawsuit a class action or an MDL?
The Costco protein powder lawsuit is a proposed class action, not an MDL. It is a single case, Barton v. Costco Wholesale Corporation, No. 2:26-cv-02364, pending in the Western District of Washington, and no court has certified a class.
Is there a Costco protein powder lawsuit settlement?
No Costco protein powder lawsuit settlement exists as of October 26, 2026, and there is no claim form or settlement fund. Costco has asked the court to dismiss every claim, so the case is still at the pleading stage.
Which Costco protein powder is named in the lawsuit?
The Costco protein powder named in the lawsuit is Orgain Organic Protein Powder in the Vanilla Bean and Creamy Chocolate Fudge flavors. The complaint reserves the right to add other products if discovery turns them up, but no other brand or flavor is named.
Is Orgain a defendant in the Costco lawsuit?
Orgain is not a defendant in the Costco lawsuit, because Costco Wholesale Corporation is the only defendant named in Barton. Orgain has said its products comply with applicable food safety standards and guidelines.
Has Costco protein powder been recalled?
No recall of the Orgain protein powder in the Costco lawsuit has been reported in the sources reviewed, and the allegations in Barton are unproven. Anyone with a health concern should speak with a medical professional.
Can I join the Costco protein powder lawsuit?
You cannot formally join the Costco protein powder lawsuit yet, because no class has been certified and there is no claims process. If you bought the named flavors from Costco for household use, a qualified attorney can tell you whether you fall within the proposed class.