Kirkland Signature Fish Oil
Allegations: Misleadingly marketing that supplements “Help[] Support a Healthy Heart”
TruNature Ginkgo Biloba with Vinpocetine
March 2019: The Ninth Circuit Court of Appeals reversed the district court order for summary judgment and remanded the case for further proceedings.
September 2017: The named plaintiff filed a Notice of Appeal regarding the summary judgment decision.
August 2017: A federal judge determined that Costco and NBTY can offer admissible expert testimony and other scientific evidence supporting the advertising claims at issue and thus granted the companies’ motion for summary judgment.
March 2017: A federal judge granted plaintiff’s motion for class certification. To read the court decision, click here.
October 2016: A class-action lawsuit was filed against Costco and NBTY for allegedly falsely representing that TruNature Ginkgo Biloba with Vinpocetine “supports alertness & memory” and “help[s] with mental clarity and memory” when, in reality, the supplement does not perform as advertised and there is no scientific evidence to support such claims. The lawsuit was originally filed in 2014 and amended in October 2016. (Korolshteyn et al v. Costco Wholesale Corp. and NBTY, Inc., Case No. 15-cv-709, S.D. Cal.)
For more information about the marketing of supplements and TINA.org’s coverage of the products, click here.
Class-Action Tracker
Kirkland Purified Water
Allegations: Falsely marketing products as purified water “with minerals added for taste” without adequately disclosing that they contain synthetic ingredients
Kirkland Signature Baby Wipes
Allegations: Falsely marketing products as “made with Naturally Derived Ingredients”
Merchandise Sold on Costco’s Website
Allegations: Misleadingly representing that Costco’s website informs consumers when merchandise may be available for a lower price in stores when it routinely fails to include such information
Sudafed, Tylenol, DayQuil, NyQuil and Store Brand Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Kirkland Multi-Symptom Cold & Flu Severe
Allegations: Falsely marketing that medicines relieve nasal congestion
Kirkland Signature Ocean Spray Cranberry Juices
Allegations: Misleadingly marketing that products do not contain preservatives
Costco’s Free Replacement Warranties for Interstate Car Batteries
Allegations: Misleadingly advertising warranties as free when consumers who return a defective battery are refunded the original purchase price and then charged a higher price for a replacement battery
Recyclability Claims on Dasani, Poland Spring and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Recyclability Claims on Niagara, Kirkland, and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Recyclability Claims on Arrowhead, Poland Spring, Niagara, and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Costco’s Kirkland Signature Ground Himalayan Pink Salt
Allegations: Misleadingly marketing products as “Himalayan” and coming from “the heart of the Himalayan Mountains” when the salt comes from Pakistan
Kirkland Signature UltraClean Premium Laundry Detergent
Allegations: Misleadingly marketing that products contain enough detergent to wash 146 loads of laundry
Kirkland Signature Black Raspberry Sparkling Water
Allegations: Misleadingly marketing black raspberries are a flavoring ingredient in sparkling waters
Keto Snacks
Allegations: Misleadingly marketing products as “keto” when they contain ingredients that are not compatible with a ketogenic diet
Kirkland Signature White Albacore Tuna in Water
Allegations: Falsely advertising tuna products as “dolphin safe” when the company uses fishing methods that seriously injure and kill dolphins and other marine life
Kirkland Signature Chocolate Almond Dipped Vanilla Ice Cream Bars
Allegations: Falsely marketing that ice cream bars are dipped in chocolate when the coating is actually a chocolate substitute
Scotts Naturals Flushable Moist Wipes and More
Allegations: Deceptively marketing wipes as “flushable”
Kirkland Organic Roasted Seaweed Snack
Allegations: Failing to disclose products contain heavy metals, toxins, and contaminants
Costco’s Risk-Free 100% Satisfaction Guarantee on Memberships
Allegations: Misleadingly marketing its Risk-Free 100% Satisfaction Guarantee by offering a full refund to members who cancel their memberships when executive members receive less than the amount they paid when…
Kirkland Pet Foods
Allegations: Misleadingly marketing pet foods as “grain free” and containing only certain ingredients when they contain wheat and other unlisted ingredients
Kirkland Signature Chocolate Almond Dipped Vanilla Ice Cream Bar
Allegations: Misleadingly marketing that ice cream bars are coated in chocolate when the coating contains ingredients not found in chocolate
Duracell LED Flashlights with Replacement Batteries
Allegations: Misleadingly advertising the amount of time Duracell LED flashlights provide light and the lifespan of the flashlights while in storage
Optifiber Natural Prebiotic Fiber Supplement
2nd Generation Apple AirPods
Kona Coffee
Roundup Sold at Costco
Kirkland Signature Cleaners
Kirkland Signature Extra Strength Glucosamine and Chondroitin Joint Health Products
“Independent Doctors of Optometry” at Costco
Kirkland Signature Wild Alaskan Fish Oils
The Packaging of Kirkland Signature Premium Chunk Chicken Breast
Several Brands of Flushable Wipes
Kirkland Coconut Oil
Costco Kettle Chips
Kirkland Signature Moist Flushable Wipes
Trunature Milk Thistle Herbal Supplements
VitaRain Water
Kirkland Signature Wild Alaskan Fish Oil
Shrimp from Costco
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