Costco Orgain Protein Powder Lawsuit, Were You Affected? Hartwright, et al. v. Costco Wholesale Corp., No. 2:26-cv-02364
If you’ve been scooping Orgain protein powder into your shakes trusting Costco’s “clean nutrition” label — you weren’t imagining that trust mattered. Seven consumers are now suing Costco Wholesale Corp. in Washington federal court, claiming Orgain Organic Protein Powder contains undisclosed lead, cadmium and arsenic. Here’s what the lawsuit actually alleges, and what it means for you.
Who Is Costco and Why Are They Being Sued for Undisclosed Heavy Metals?
Costco doesn’t manufacture Orgain protein powder. It sells it — in roughly 600 warehouses and on Costco.com — under its own marketing language: “quality ingredients, higher standards,” “the power of clean.” That’s the crux of the case. Plaintiffs argue a retailer with Costco’s supply-chain sophistication knew, or should have known, what it was putting that language next to. Costco hasn’t responded publicly to the suit.
What Did Costco Do to Protein Powder Buyers Between 2019 and 2026?
The lawsuit centers on Orgain Organic Protein Powder in Vanilla Bean, Creamy Chocolate Fudge, Strawberries & Cream, and Pumpkin Spice flavors. Plaintiffs say independent lab testing, done by an ISO/IEC 17025-accredited facility, found lead, cadmium and arsenic across multiple product lots. Vanilla Bean tested as high as 67 parts per billion of lead, 24 ppb cadmium, and 15 ppb arsenic. Creamy Chocolate Fudge came in at up to 46 ppb lead, 70.3 ppb cadmium, and 18 ppb arsenic.
Here’s the legal hook. According to the Hagens Berman complaint, one sample’s lead level exceeded California’s Proposition 65 safe-harbor threshold by roughly 674%. The FDA has stated there is no identified safe level of lead exposure for developmental outcomes. That’s not a marketing dispute — that’s a specific numeric threshold the complaint says was blown past.
A separate 2025 Consumer Reports and Clean Label Project investigation flagged Orgain’s Vanilla Bean powder for lead at 143% of its level of concern, rating it “okay to eat occasionally” and suggesting a limit of about 4.75 servings a week — a very different message than “good, clean nutrition.”
That gap between the marketing and the lab results is the entire lawsuit in one sentence.
Related lawsuits: Vital Proteins collagen heavy metals lawsuit
Are You Part of the Costco Orgain Protein Powder Lawsuit?
Here’s exactly how to know if this case includes you.
- Consumers who bought Orgain Organic Protein Powder — Vanilla Bean, Creamy Chocolate Fudge, Strawberries & Cream, or Pumpkin Spice — from a Costco warehouse or Costco.com
- Buyers in Washington, California, Illinois, Minnesota, Ohio, or Texas, where the named plaintiffs are seeking state-specific classes
- Anyone who relied on Costco’s “clean,” “high quality,” or “higher standards” labeling when deciding to buy
- People who bought comparable protein powders with no detectable heavy metals at lower prices do not have a claim here — the complaint specifically contrasts Orgain’s $0.79–$0.80 per ounce pricing against $0.42 per ounce alternatives
Costco Orgain Buyers Outside Washington — Are You Still Covered?
The proposed class reaches beyond Washington. Named plaintiffs and proposed subclasses cover California, Illinois, Minnesota, Ohio, and Texas specifically, with claims brought under each state’s consumer protection statutes. If you bought the product in a different state, your options depend on how the case develops — an attorney can tell you whether an individual claim makes sense in the meantime.
Not sure if you’re part of the Costco Orgain protein powder lawsuit? A free consultation with a product liability attorney can help you understand your options before any settlement structure exists.
What Are Costco Orgain Buyers Asking the Court to Award?
There’s no money on the table yet. No settlement fund exists. No claim form exists. Plaintiffs are asking the court for damages, punitive damages, and injunctive relief — specifically an order forcing Costco to stop selling the Orgain products without disclosing the heavy metal risk. A jury trial has been demanded.
What Could Costco Orgain Buyers Receive If This Case Settles?
Impossible to say right now. It depends on how many claimants come forward, what the evidence shows once discovery happens, and how settlement negotiations go, if they happen at all. Cases like this — heavy metals in supplements — have settled anywhere from a few million to well over a hundred million dollars in other actions, but that range tells you nothing certain about this one. Not sure what your options look like today? A product liability attorney can walk you through them now, before there’s a crowd doing the same thing.

What Should Costco Orgain Protein Powder Buyers Do Right Now?
- Most buyers don’t need to do anything today. There’s no deadline because there’s no claims process yet.
- Save your documents now: Costco receipts, membership purchase history (Costco tracks this automatically on your account), and the containers themselves if you still have them.
- Note which flavor and roughly how many containers you bought — that number matters if a claims process eventually opens.
- Lead plaintiff deadlines don’t apply to this type of consumer case, but class certification is the next real milestone to watch.
- Monitor the docket. Case No. 2:26-cv-02364, U.S. District Court, Western District of Washington, before Judge Kymberly K. Evanson.
- If you or a family member developed a health condition you believe is linked to heavy metal exposure from this product, an individual claim — separate from the class action — may be worth discussing with an attorney now.
Costco Orgain Protein Powder Lawsuit — Full Timeline
| Milestone | Date |
| Consumer Reports / Clean Label Project testing published | 2025 |
| Plaintiffs’ independent lab testing conducted | UNVERIFIED — exact date not specified in complaint coverage |
| Lawsuit filed | July 7, 2026 |
| Orgain public statement denying allegations | July 9, 2026 |
| Next scheduled hearing | UNVERIFIED — no hearing date reported yet |
| Expected resolution | UNVERIFIED — case is in its earliest stage |
Costco Orgain Protein Powder — Frequently Asked Questions
Is there a class action lawsuit against Costco for Orgain protein powder right now?
Yes. Seven consumers filed suit July 7, 2026 in the U.S. District Court for the Western District of Washington, Case No. 2:26-cv-02364, alleging undisclosed heavy metals in Orgain Organic Protein Powder sold at Costco.
Do I need to do anything right now to be part of the Costco Orgain lawsuit?
No. Save your Costco receipts or purchase history and watch for updates. There’s no claim form or deadline yet.
When will the Costco Orgain protein powder case settle?
There’s no timeline. The case was just filed and hasn’t reached class certification, let alone settlement talks.
Can I file my own lawsuit against Costco instead of joining the class?
Yes, that’s an option, particularly if you believe you suffered a specific, documentable harm. Talk to a product liability attorney about whether an individual claim makes more sense than waiting on the class case.
How will I find out if the Costco Orgain lawsuit settles?
Watch the court docket for Case No. 2:26-cv-02364, or check back here — this article gets updated when there’s real news.
What does “lead plaintiff” mean for the Costco case and why does it matter?
This is a consumer class action, not a securities case, so there’s no separate lead plaintiff deadline. The seven named plaintiffs — including Randall Hartwright of Texas and Sandi Morgan of California — are already serving that role.
What specific laws does Costco allegedly violate?
The complaint alleges violations of the Washington Consumer Protection Act, California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, plus consumer protection statutes in Illinois, Minnesota, Ohio, and Texas.
How much could Costco Orgain buyers get if this case settles?
Unknown. No settlement fund exists yet, and any eventual amount would depend on the number of claimants and negotiated terms.
Sources Used in This Costco Orgain Protein Powder Article
- Law360 — Costco Sued Over Reports Of Heavy Metals In Protein Powder, July 8, 2026: https://www.law360.com/articles/2498257/costco-sued-over-reports-of-heavy-metals-in-protein-powder
- Class Action Complaint, Case 2:26-cv-02364, filed July 7, 2026 (via Courthouse News): https://www.courthousenews.com/wp-content/uploads/2026/07/costco-orgain-class-action.pdf
This article is for informational purposes only and does not constitute legal advice. The claims described are allegations only and have not been proven in court. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.
About the Author
Israr Ahmad is a legal content researcher with 4+ years of experience covering class action settlements and consumer rights cases. He has researched and published coverage of 2,500+ settlements using verified court records, settlement administrator filings, and government sources. Learn more about Israr.
