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Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven
allegations. Costco Wholesale Corporation has not been found liable, there is no certified
class, and nothing to claim at this time. This page is informational and is not legal advice.
A proposed class action filed on October 1, 2026, in the U.S. District Court for the District of Oregon
accuses Costco of misleading members about how it sources the products on its shelves. The case is
Brunker v. Costco Wholesale Corporation, No. 3:26-cv-02035, brought by two Portland-area Costco
members against Costco Wholesale Corporation, which is based in Issaquah, Washington.
The 95-page complaint alleges that Costco tells members its suppliers may not use illegal child labor,
that suppliers must disclose every production facility, and that Costco “controls every element” of how
Kirkland Signature products are made, while it actually sells chocolate, cashews, shrimp and other goods
from supply chains with well-documented child and forced labor problems. The plaintiffs bring the case
under Oregon’s Unlawful Trade Practices Act and seek $200 for each eligible Oregon member. They demand a
jury trial. No court has ruled on any of the allegations, and Costco has not yet responded.
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Status
Complaint Filed
Filed October 1, 2026 · D. Or. · no class certified
Relief Sought
$200 per Oregon member (requested)
Oregon UTPA statutory damages · plus an order changing Costco’s practices
Proposed Class
Oregon Costco members who bought or renewed in the class period
Class period starts October 1, 2025 · Oregon only · not certified
Can I Claim?
No — nothing to claim yet
The lawsuit quotes Costco’s own materials at length. It says Costco tells members that suppliers are
prohibited from using “illegal child labor,” must disclose each production facility for Costco’s consent
and approval, and are audited and sanctioned for violations. It opens by quoting Costco’s mission
statement: “Our members have extended a trust to Costco by virtue of paying a fee to shop with us.”
The complaint says Costco makes its strongest claims about Kirkland Signature, its house brand. It
alleges Costco advertises that by “controlling every element” of each item’s creation, it has “direct
insight into the entire supply chain,” including labor conditions. The plaintiffs argue that is not
possible, because Costco does not manufacture most Kirkland Signature groceries and, they allege, has
kept its Kirkland suppliers confidential in past litigation by claiming trade-secret protection.
The complaint relies on news investigations, government reports and nonprofit research to describe
labor problems in the supply chains behind several product categories:
- Chocolate: cocoa from West Africa, where the complaint describes child labor on cocoa farms
as a long-documented problem.
- Cashews: the complaint says Kirkland Signature cashews come mainly from a supplier that
sources from more than a dozen countries, and that cashews from Brazil, Vietnam and Guinea appear on
the U.S. Labor Department’s list of goods produced with child labor.
- Shrimp and seafood: Kirkland Signature frozen shrimp sourced from India, which the
complaint ties to 2024 reporting by CNN, the Associated Press and the Corporate Accountability Lab on
abuses in Indian shrimp processing.
- Kirkland Signature dog food and milk: the complaint alleges these are private-labeled
versions of products from Diamond Pet Foods and, in the Pacific Northwest, Darigold, and points to
past reporting and enforcement involving their supply chains.
- Coffee and sugar: listed as “other at-risk products” whose suppliers and countries of
origin, the complaint says, Costco does not disclose.
None of the suppliers or producers named in the complaint is a defendant, and the allegations about them
have not been tested in this case.
The plaintiffs are not suing over the price of a candy bar or a bag of shrimp. Their theory is that the
membership is the product. The complaint alleges Costco promotes responsible sourcing and Kirkland
Signature control as part of what members pay for, that this lets Costco charge more for memberships than
competing warehouse clubs, and that members did not receive the membership Costco described.
The complaint also makes an argument about why consumer law matters here: it cites the U.S. Supreme
Court’s 2021 decision in Nestlé USA, Inc. v. Doe, which held that foreign child laborers could not
bring their claims against U.S. companies in that case, and argues that buyers’ consumer-protection rights
are one of the few remaining routes to accountability.
The complaint proposes a single Oregon class. It covers everyone who, during the class period, did any
of the following:
- Bought or renewed a Costco membership at a warehouse in Oregon
- Bought or renewed a membership online using an Oregon address
- Bought or renewed a membership and shopped at a warehouse in Oregon
- Bought or renewed a membership and shipped a product to an Oregon address
The class period runs from one year before the filing, which is October 1, 2025, to the date a class is
certified. Costco, its affiliates, officers and directors and their immediate families are excluded. The
complaint estimates the class at more than 1.1 million members. The definition is a proposal only; a
judge would have to certify it before anyone is formally part of the case.
The complaint brings two claims:
- Violation of Oregon’s Unlawful Trade Practices Act, ORS 646.638, alleging Costco misrepresented
the characteristics, benefits and quality of its memberships and of the goods it sells
- Unjust enrichment, alleging Costco charged a membership price premium based on those
representations
Oregon’s statute lets consumers recover actual damages or $200, whichever is greater, and the complaint
argues that the $200 minimum can be applied per class member if the plaintiffs show Costco acted
recklessly or knowingly. The lawsuit asks for class certification, an order stopping the challenged
practices, restitution, statutory and punitive damages, disgorgement, interest, and attorneys’ fees and
costs. Those are the plaintiffs’ requests, not amounts anyone has been awarded.
Costco will respond to the complaint, and a motion to dismiss is common at this stage. If the case
survives, the parties exchange evidence and the plaintiffs can ask the court to certify the Oregon class.
The case could also settle at any stage.
Oregon Costco members do not need to do anything now. There is no claim form, and nothing is required to
stay within the proposed class. If the case settles or a class is certified, class members are normally
notified and told how to file a claim or opt out. Costco also faces a separate proposed class action over
membership auto-renewal notices in California.
Will Oregon Costco members get $200?
Not at this point. The $200 figure is the statutory damages amount the plaintiffs are asking for under Oregon’s Unlawful Trade Practices Act, which allows the greater of actual damages or $200. The case was filed on October 1, 2026, no class has been certified, Costco has not been found liable, and there is no settlement or claim form. Any payment would depend on the outcome of the case or the terms of a settlement.
Who is in the proposed Costco class?
The complaint proposes an Oregon class of everyone who, from one year before the October 1, 2026 filing until a class is certified, bought or renewed a Costco membership at an Oregon warehouse, bought or renewed one online with an Oregon address, bought or renewed one and shopped at an Oregon warehouse, or bought or renewed one and shipped a product to an Oregon address. Costco’s officers, directors and affiliates are excluded. The definition is a proposal only.
Is the lawsuit about the products or the membership?
The membership. The plaintiffs’ theory is that Costco promotes its responsible-sourcing standards and Kirkland Signature supply-chain control as benefits of membership, that those promises help Costco charge more for memberships, and that members did not get what was promised. The products, including chocolate, cashews, shrimp, milk and dog food, are the evidence the complaint offers that the promises were not kept.
Does the lawsuit name the companies that make Kirkland Signature products?
It alleges that Kirkland Signature dry dog food is made by Diamond Pet Foods and that Kirkland Signature milk sold in the Pacific Northwest comes from Darigold, and it points to past reporting and enforcement involving those supply chains. Those companies are not defendants, and the allegations about them have not been tested in this case. Costco is the only defendant.
What happens next in the Costco case?
Costco will respond to the complaint, possibly with a motion to dismiss. If the case survives, the parties exchange evidence and the plaintiffs can ask the court to certify the Oregon class. The case could also settle at any stage. Oregon Costco members do not need to do anything now.
• Class Action Allegation Complaint, Brunker v. Costco Wholesale Corporation, No. 3:26-cv-02035 (D. Or., filed October 1, 2026), Document 1:
Costco class action complaint (PDF).
• Brunker v. Costco Wholesale Corporation docket on CourtListener.
For more class actions keep scrolling below.
Status
Complaint Filed — No Class Certified
Case Title
Brunker v. Costco Wholesale Corporation
Case Number
3:26-cv-02035
Court
U.S. District Court, District of Oregon (Portland Division)
Date Filed
October 1, 2026
Defendant
Costco Wholesale Corporation