Protein powders are not subject to FDA review, meaning consumers must rely on the wholesale giant not to mislead them, they say.
SEATTLE (CN) – Consumers hit Costco with a class action lawsuit alleging violations of consumer protection laws through the sale of a protein powder they claim has undisclosed and dangerous levels of toxic heavy metals.
Seven named plaintiffs say Costco neglected to disclose that Orgain organic protein powder contained lead, cadmium and arsenic.
“Reasonable consumers, like the plaintiffs, could not have learned of the inclusion of heavy metals in the contaminated products unless Costco included proper disclosure, because identifying the presence of heavy metals requires expensive and sophisticated laboratory testing,” the consumers wrote in one. 87 page complaint. “But Costco failed to perform or require any heavy metal testing, or to detect the presence of heavy metals.”
An October 2025 Consumer Reports test of Orgain vanilla bean protein powder found that it exceeded the “level of concern” for lead, identifying it as an “okay to eat occasionally” product and with lead levels at 143% of its level of concern.
“Defendant’s business practices — including misrepresentations and omissions — were deceptive, misleading, unfair and/or false because, among other things, the contaminated products contained undisclosed toxic heavy metals,” the consumers wrote in Tuesday’s complaint.
Consumers say the packaging includes no mention of heavy metals, but prominently features the “USDA Organic” certification mark, which they say a reasonable consumer would associate with purity and the absence of harmful contaminants.
The product’s website listing also uses language that the consumer says is misleading, such as touting the protein powder’s “pure power” and that it is “ruthless about quality.” The site also identifies the manufacturer’s mission as “helping more people live vibrant lives through the power of good, clean food.”
All these statements are misleading, according to consumers, as “foods containing high levels of heavy metals are neither nutritious nor healthy”.
“Many consumers who purchase and use protein powder do so routinely as part of an ongoing focus on their fitness and health,” Steve Berman, managing partner and co-founder of Hagens Berman, which represents the plaintiffs, said in a statement. “These same health-conscious consumers have unknowingly ingested alarming levels of toxic heavy metals — lead, cadmium and arsenic — time and time again, believing that Costco’s quality assurance wouldn’t allow such a thing to happen.”
The Food and Drug Administration does not review, approve or test protein powder supplements before they are sold to consumers, creating a regulatory loophole that consumers say forces them to rely on retailers’ voluntary representations about product safety.
“The omissions were intended to and did, in fact, cause consumers such as plaintiffs and other class members to purchase products that they would not have purchased had defendant discovered that the contaminated products contained heavy metals, or for which they would not have paid a premium price, or any price at all,” the plaintiffs wrote.
Consumers accuse Costco of actively hiding the truth about the presence of heavy metals in its protein powder, claiming the wholesaler had “exclusive possession” of information about the product.
“Consumers nationwide trust Costco,” Berman said. “Based on our investigation and product testing, we believe Costco knew or should have known that its Orgain protein powder failed to live up to its promises of safety and quality.”
Consumers accuse Costco of violating consumer protection and false advertising laws in six states: Washington, California, Illinois, Minnesota, Ohio and Texas. They are asking a federal judge in Washington to compel the company to disclose the presence and levels of heavy metals in Orgain and to stop selling the products until it discloses that information.
Costco did not respond to a request for comment before press time.
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