A proposed class-action lawsuit against Costco Wholesale Corporation alleges the retailer sold protein powder contaminated with toxic heavy metals without adequate warning to consumers. The complaint, filed Tuesday in federal court in Washington state, names seven consumers as plaintiffs who claim Costco violated consumer protection and false advertising laws by marketing Orgain Organic Protein Powder as "high quality, clean, and nutritious" while failing to disclose the presence of lead, cadmium, and arsenic.
Allegations of Concealed Contamination
According to the lawsuit, "heavy metals are known to pose significant and adverse health risks and consequences to humans." The plaintiffs assert that Costco, as a major national retailer with sophisticated supply-chain management, "knew or should have known about the heavy metals in the Contaminated Products it sells." Despite this knowledge, the retailer allegedly continued to sell the products without any disclosure. The plaintiffs argue that reasonable customers cannot detect heavy metals without expensive laboratory testing, and that Costco failed to perform or require such testing.
Company Responses
Costco and Orgain did not immediately respond to requests for comment. However, an Orgain spokesperson told the Seattle Times that "while trace amounts of substances that occur in the environment can be present in plant-based ingredients, our products comply with applicable food safety standards and guidance." The spokesperson added, "We stand behind the safety and quality of our products."
Evidence from Independent Testing
The lawsuit cites testing by the Clean Label Project and Consumer Reports, which found detectable levels of heavy metals in protein powders, including Orgain Organic Protein Powder. Consumer Reports tested Orgain Organic Plant-Based Protein Powder Vanilla Bean and found it exceeded its "level of concern" for lead. An investigation last year revealed that more than two-thirds of 23 tested protein products contained more lead per serving than experts deem safe for daily consumption. Additionally, the plaintiffs conducted independent laboratory testing that they claim confirmed the presence of heavy metals in the Orgain powder.
Legal Demands
The plaintiffs seek a court order requiring Costco to disclose the presence and levels of heavy metals in its products and to stop selling such items without adequate disclosure. The complaint states that the retailer's practices were "deceptive, misleading, unfair, and/or false."
