Costco class action lawsuits in 2026: what is filed, and what you can claim

Last verified 10 August 2026 · By Class Action Buddy

The one you can actually claim

Costco is paying $14 million to settle a case alleging its promotional emails used false or misleading subject lines — things like “Today is the last day to access Member-Only Saving”. It covers anyone who was a Washington resident when they received a Costco marketing email between 2 June 2021 and 7 July 2026, and it needs no receipt and no claim ID. The deadline is 24 August 2026.

We keep the filing detail on a separate page rather than repeating it here: the Costco $14M email settlement guide covers who qualifies, what it realistically pays, and why the “up to $500” figure circulating elsewhere is not what this settlement promises.

Orgain protein powder: the newest case against Costco

On 7 July 2026, seven plaintiffs from Washington, California, Illinois, Minnesota, Ohio and Texas filed Barton v. Costco Wholesale Corporation, No. 2:26-cv-02364, in the U.S. District Court for the Western District of Washington, before Judge Kymberly K. Evanson. It was brought by the Seattle firm Hagens Berman.

The complaint alleges that Orgain Organic Plant-Based Protein Powder sold by Costco — specifically the Vanilla Bean and Creamy Chocolate Fudge flavors — contains lead, cadmium and arsenic at levels it describes as unsafe for human consumption, while the product is marketed as high quality and clean. The plaintiffs are asking the court to make Costco disclose the presence and levels of those metals, and to stop selling the product until it does.

Two things follow for a reader. First, this is Orgain, a brand Costco stocks, not a Kirkland Signature own-brand product. Second, the case is a month old: nothing has been proven, Costco has not answered the merits, and there is no settlement and no claim form. Anyone offering you one is not describing a real settlement.

Kirkland Signature tequila and the “100% de Agave” label

Costco discloses this pair itself, in its quarterly filing with the SEC. Two class actions were filed in October and November 2025 alleging that Kirkland Signature tequila is labelled “100% de Agave” but contains alcohol derived from non-agave sugars, and seeking damages, statutory penalties and disgorgement.

• Glazer v. Costco Wholesale Corp., No. 1:25-cv-25057 (S.D. Fla.) — dismissed without prejudice.
• Salisbury v. Costco Wholesale Corp., No. 2:25-cv-02277 (W.D. Wash.) — still live. An amended complaint on 9 March 2026 added Glazer as a named plaintiff, and Costco has moved to dismiss.

Nothing has been decided, and again there is nothing to claim.

What else Costco is defending, and why it does not concern shoppers

It is worth being clear about this, because search results blur it constantly. Most of the class actions in Costco's own legal disclosure are employment cases brought by staff, not consumers: a California wage-and-hour claim (Martin Reyes), a Washington meal-and-rest-break claim filed in January 2026 (Madera), and a third, Birdwell, which was dismissed with prejudice in March 2026. Costco is also one of many defendants in the national opioid MDL, where most of the claims against it have been resolved or dismissed.

None of those produces a consumer claim form. If you are a Costco member wondering what you can file, the answer in August 2026 is the email settlement and nothing else.

Frequently Asked Questions

Is there a Costco class action I can claim right now?

Yes, one. Costco is paying $14 million to settle claims that its marketing emails carried misleading subject lines, and the claim deadline is 24 August 2026. It is limited to people who were Washington residents when they received the emails. Every other Costco case below is still being litigated, which means there is no claim form and no money.

What is the Costco protein powder lawsuit about?

A class action filed on 7 July 2026 alleges that Orgain Organic Plant-Based Protein Powder sold at Costco, in Vanilla Bean and Creamy Chocolate Fudge, contains lead, cadmium and arsenic at levels the complaint calls unsafe, and that this was never disclosed. It was filed in Washington federal court for seven plaintiffs. Nothing has been decided and there is nothing to claim.

Is Kirkland Signature tequila really not 100% agave?

That is the allegation, and Costco disputes it. Two suits filed in late 2025 claim Kirkland Signature tequila is labelled “100% de Agave” while containing alcohol derived from non-agave sugars. One was dismissed without prejudice; the other is live in Washington federal court with Costco's motion to dismiss pending. No finding has been made either way.

Was there a Costco rotisserie chicken class action?

We could not verify one. An earlier version of this page listed a rotisserie-chicken animal-welfare class action and a membership-fee auto-renewal suit. Neither appears in Costco's own litigation disclosure to the SEC, and neither returns a Costco-named case in the federal docket, so both have been removed rather than left in place.

How do I know if I am in a Costco class action?

For the email settlement, you qualify if you were a Washington resident who received a Costco marketing email between 2 June 2021 and 7 July 2026 — no receipt, order number or claim ID is needed. For cases still in litigation there is nothing to join: if they settle, the administrator sends notice and a claims website opens, usually a year or more later.

Do I need a receipt to claim a Costco settlement?

Not for the Washington email settlement, which needs no proof of purchase at all. Proof rules are set by each settlement agreement, so the protein powder and tequila cases will only have an answer if and when they settle. Be wary of any site offering a Costco claim form for those — no such form exists.