Costco Orgain Protein Powder Lead, Cadmium and Arsenic Lawsuit, Were You Affected? — Barton, et al. v. Costco Wholesale Corporation, No. 2:26-cv-02364

Barton, et al. v. Costco Wholesale Corporation, No. 2:26-cv-02364, claims Costco sold Orgain protein powder containing lead, cadmium and arsenic while calling it “good, clean nutrition.” If you bought it, this case is about you. Costco hasn’t been found liable for anything. Here’s how to know if you’re part of the Costco lawsuit.

Costco Orgain Protein Powder Heavy Metals Lawsuit — Key Facts

Field	Detail
Lawsuit Filed	July 7, 2026
Defendant	Costco Wholesale Corporation
Alleged Harm	Undisclosed lead, cadmium and arsenic in Orgain Organic Protein Powder (Vanilla Bean and Creamy Chocolate Fudge), sold as “good, clean nutrition”
Law Alleged	Washington Consumer Protection Act (RCW 19.86); consumer-protection laws of California, Illinois, Minnesota, Ohio and Texas; concealment under Washington law
Who Is Affected	Proposed class: people who bought those two flavors at a Costco warehouse or on Costco.com for household use
Court & Case Number	U.S. District Court, Western District of Washington (Seattle), No. 2:26-cv-02364, Judge Kymberly K. Evanson
Current Stage	Pleading stage. Costco’s response to the complaint was due September 18, 2026. No class has been certified.
Lead Plaintiff Deadline	N/A — this is a consumer case, not a securities case
Settlement Status	None. No claim form. No payout.
Last Updated	October 2, 2026

Who Is Costco and Why Are They Being Sued for Selling Orgain Protein Powder With Heavy Metals?

Orgain is the brand on the tub. Costco is the only defendant, and the complaint says it writes the product-page copy, sells the powder through roughly 600 U.S. warehouses and Costco.com, and never required heavy metal testing. If you bought a tub on your membership, the complaint says Costco’s records tracked it by member number.

What Does the Lawsuit Say Costco Did to Orgain Protein Powder Buyers?

Seven shoppers say “clean” wasn’t clean. Lab tests run for the plaintiffs and their lawyers, the complaint says, found lead up to 67 parts per billion, cadmium up to 70.3 and arsenic up to 18 in the Vanilla Bean and Creamy Chocolate Fudge flavors, with nothing disclosed on the tub or Costco’s product pages. The complaint says Costco “failed to perform or require any heavy metal testing” (Class Action Complaint, filed July 7, 2026).

The main claim rests on the Washington Consumer Protection Act, RCW 19.86, a state law that bars unfair or deceptive practices in business. It’s a putative false advertising class action built on what the label left out.

The headline number is 674%, which the complaint says is how far the top lead result, 3.37 micrograms in one serving, goes past California’s Proposition 65 limit of 0.5 micrograms a day. Honestly, that number deserves a second look. 3.37 divided by 0.5 is 6.74, so the result is 674% of the limit and 574% over it, which is still above California’s line but isn’t what the headline says.

Are You Part of the Costco Orgain Protein Powder Lawsuit?

Wondering, “am I part of the Costco lawsuit?” Here’s how to know.

Who is covered:

• Shoppers who bought Orgain Organic Protein Powder in Vanilla Bean or Creamy Chocolate Fudge at a Costco warehouse
• Anyone who ordered those two flavors on Costco.com
• People who bought them for household use, not to resell

Who is not covered:

• Buyers who picked up Orgain at any store other than Costco
• Other Orgain flavors, for now, though the complaint reserves the right to add products
• Costco’s officers, directors and employees, plus the judges on the case

The complaint sets no start date. It reaches back to the start of each state’s limitations period, and the named plaintiffs’ purchases run from 2019 to June 2026. Did you buy a Vanilla Bean or Creamy Chocolate Fudge tub at Costco in the last few years? Then this case is about you.

Costco Orgain Buyers Outside Washington — Are You Still Covered?

Short version: yes, on paper. The proposed nationwide class covers Costco purchases in every state and rests on Washington law, while six subclasses (Washington, California, Illinois, Minnesota, Ohio and Texas) add their own state counts. Whether a judge lets Washington law reach buyers elsewhere is a point courts often fight over.

Not sure if you qualify for the Costco heavy metals lawsuit? A free legal consultation with a consumer fraud attorney can help you decide whether to wait for the class or act on your own.

Related article: Facebook New Mexico Privacy Lawsuit Verdict, Were You Affected? State of New Mexico v. Facebook, Inc., No. D-101-CV-2021-00132

What Are Costco Orgain Buyers Asking the Court to Award?

The theory is overpayment. The plaintiffs say they paid for protein powder they wouldn’t have bought, or wouldn’t have paid a premium for, had Costco disclosed the metals, and they ask for damages, an injunction and a jury trial. The complaint puts the amount at stake above $5,000,000, but that’s the federal court’s filing threshold, not a demand or a prediction of what you’d get.

A website asking for your details to “claim” a payout today isn’t running a court-approved process, because there isn’t one. No money yet. No claim form yet.

What Could Costco Orgain Buyers Receive If This Settles?

Nobody can predict it. Any compensation for damages would depend on whether a class is certified, how many people file, what proof the court requires and what Costco agrees to in negotiations. For perspective, the named plaintiffs report paying between $26.99 and about $39 per tub, which shows what one purchase cost, not what a check would be.

Want to know where you’d fit? A free legal consultation with a class action lawsuit attorney is the quickest way to find out.

What Should Costco Orgain Protein Powder Buyers Do Right Now?

1. Don’t rush. In a putative class action nobody signs up yet, and no class has been certified.
2. Save your records. Keep receipts, your Costco.com order history and photos of the tub and its label. Health questions about your own exposure belong with your doctor.
3. Write down what you paid. Note the flavor, the date, the price and whether it was a warehouse or online order. The complaint’s injury theory is money paid, not a medical diagnosis.
4. Skip the lead plaintiff hunt. Lead plaintiff deadlines belong to securities cases. Seven named plaintiffs already filed this one.
5. Watch the docket. The case is pending in the Western District of Washington under No. 2:26-cv-02364, searchable on PACER.
6. Know your solo option. You can bring your own claim instead of waiting. Time limits vary by state, so ask an attorney sooner rather than later.

The first named plaintiff says he bought 12 to 18 containers between February 2025 and June 2026. Pull your own order history now, before you have to guess.

Costco Orgain Protein Powder Heavy Metals Lawsuit — Full Timeline

Milestone	Date
Class / harm period begins	UNVERIFIED — the complaint uses each state’s limitations period, with no fixed start date
Earliest purchase alleged by a named plaintiff	2019
Clean Label Project publishes protein powder study (as cited in the complaint)	January 9, 2025
Consumer Reports publishes protein powder lead report (as cited in the complaint)	October 14, 2025
California introduces Senate Bill 1033, a protein product testing bill (as cited in the complaint)	February 2026
Texas Attorney General opens protein powder investigation (as cited in the complaint)	June 8, 2026
Latest purchase alleged by a named plaintiff	June 10, 2026
Class / harm period ends	UNVERIFIED — the complaint says “to the present,” with no fixed end date
Lawsuit filed	July 7, 2026
Court sets Costco’s response deadline	September 18, 2026 (order entered July 28, 2026)
Initial-disclosure and joint-status-report deadlines vacated	August 27, 2026
Costco’s response to the complaint	UNVERIFIED — docket copy reviewed runs through August 28, 2026
Lead plaintiff deadline	N/A — not a securities case
Next scheduled hearing	UNVERIFIED — none appears on the docket copy reviewed
Expected resolution	UNVERIFIED — no ruling or settlement appears on the docket copy reviewed

Costco Orgain Protein Powder Heavy Metals — Frequently Asked Questions, No. 2:26-cv-02364

Is there a class action lawsuit against Costco for heavy metals in Orgain protein powder right now?

 Yes, a putative one. Seven plaintiffs filed it July 7, 2026, in federal court in Seattle, claiming Costco sold Orgain Vanilla Bean and Creamy Chocolate Fudge powder with undisclosed lead, cadmium and arsenic. No judge has certified a class, and Costco hasn’t been found liable.

Do I need to do anything right now to be part of the Costco Orgain lawsuit?

 No. The proposed class covers anyone who bought the two flavors at a Costco warehouse or on Costco.com for household use, and no sign-up exists. Save your receipts and Costco order history now, since the complaint’s theory is that buyers overpaid.

When will the Costco heavy metals case settle?

 Nobody knows, and no settlement exists. Costco’s deadline to respond to the complaint was September 18, 2026, and the court vacated the initial-disclosure and joint-status-report deadlines on August 27, 2026. Early-stage cases can take a long time.

Can I file my own lawsuit against Costco instead of joining the Costco class?

 Generally yes. You don’t have to wait for a class, and the complaint’s state-law claims come from six states: Washington, California, Illinois, Minnesota, Ohio and Texas. Deadlines to sue differ by state, so a consumer rights lawyer can tell you whether waiting puts your claim at risk.

How will I find out if the Costco Orgain lawsuit settles? 

A court-approved notice would reach class members, usually by email, mail or a settlement website. The complaint says Costco’s records track every purchase by member number. We update this page when the docket changes.

What does “lead plaintiff” mean for the Costco case and why does the deadline matter?

 Lead plaintiff deadlines belong to securities cases, and this isn’t one. Here, seven named plaintiffs from Washington, California, Illinois, Minnesota, Ohio and Texas propose to represent the class, so there’s no deadline for you to apply.

What specific laws does Costco allegedly violate?

 The complaint cites Washington’s Consumer Protection Act (RCW 19.86); California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act; 815 Ill. Comp. Stat. 505/1; four Minnesota statutes; Ohio’s Consumer Sales Practices Act; the Texas Deceptive Trade Practices Act; and a Washington-law concealment claim.

How much could Costco Orgain buyers get if this case settles?

 Nobody can say yet. The named plaintiffs report paying between $26.99 and about $39 per container, which shows what a purchase cost, not what a check would be. Any payout would depend on class certification, proof and negotiations, and none of that has happened.

Sources Used in This Costco Orgain Protein Powder Heavy Metals Article

• Court filing — Class Action Complaint (Dkt. 1), July 7, 2026: https://www.hbsslaw.com/sites/default/files/case-downloads/costco-orgain-protein-powder-heavy-metal-contamination/2026-07-07-complaint.pdf
• Court docket — Docket report (Justia mirror of the PACER docket), entries through August 28, 2026: https://dockets.justia.com/docket/washington/wawdce/2:2026cv02364/365310
• Plaintiffs’ counsel — Hagens Berman case page, Costco Orgain Protein Powder Heavy Metal Contamination: https://www.hbsslaw.com/cases/costco-orgain-protein-powder-heavy-metal-contamination

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. All facts verified against official court records, the filed complaint and the court docket (entries through August 28, 2026) on October 2, 2026. Last Updated: October 2, 2026.

Disclaimer This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.