Costco has been hit with a class action lawsuit alleging that one of the products it sells contains “dangerous” levels of heavy metals, including lead, arsenic and cadmium.
The lawsuit centers on Orgain protein powders, including the Vanilla Bean and Creamy Chocolate Fudge varieties, which are marketed in stores and online as providing “good, clean nutrition.”
Seven plaintiffs from across the U.S. allege Costco failed to properly screen the products for toxic heavy metals or disclose their presence to consumers, according to the lawsuit filed Tuesday in the U.S. District Court for the Western District of Washington state.
The plaintiffs are seeking to hold the warehouse retailer accountable for marketing the protein powders as safe and healthy despite the presence of the alleged contaminants.
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“Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health,” Steve Berman, managing partner and co-founder of law firm Hagens Berman, said. “These same health-conscious consumers have unknowingly ingested alarming levels of toxic heavy metals — lead, cadmium and arsenic — again and again, trusting that Costco’s quality assurance would not allow something like this to happen.”
Orgain pushed back on the allegations, saying its products are safe to consume.
“Orgain products are safe to consume,” the company said in a July 9 statement provided to USA TODAY. “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. We stand behind the safety and quality of our products.”
Costco currently sells at least four Orgain product lines on its website. The retailer’s protein powder listings include a disclaimer stating, “Product details have been supplied by the manufacturer and are hosted by a third party.”
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According to the complaint, independent testing commissioned by the plaintiffs found that Orgain’s Vanilla Bean flavor contained lead levels exceeding California’s Proposition 65 limits by more than 600%.
The allegations also cite separate 2025 reports from nonprofit organization Clean Label Project and Consumer Reports that identified elevated levels of heavy metals in certain protein powders.
Consumer Reports flagged Orgain’s Vanilla Bean flavor for containing lead at 143% of its level of concern. The publication classified the product as “Okay to eat occasionally” but recommended limiting consumption to roughly four servings per week.
The complaint further cited findings that plant-based protein powders, particularly organic varieties, contained higher levels of heavy metals compared with nonorganic and whey or beef-based counterparts.
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In response to the findings, California lawmakers introduced a bill last February requiring mandatory testing and public disclosure of heavy metals in protein products.
Texas Attorney General Ken Paxton also announced in early June that the state had launched an industry-wide investigation into the manufacturers over related concerns.
“Consumer Reports tested 23 products and found that lead levels in plant-based protein powders were, on average, nine times higher than those made with dairy proteins such as whey and twice as high as beef-based products,” Paxton’s office said in a June 8 statement.
| Ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| COST | COSTCO WHOLESALE CORP. | 912.97 | -40.16 | -4.21% |
According to the Food and Drug Administration (FDA), there is no known safe level of lead exposure.
Studies suggest that the metal can accumulate in the body faster than it can be eliminated, meaning repeated exposure may increase health risks.
Chronic lead exposure has been linked to immune suppression, reproductive problems, kidney damage and elevated blood pressure.
Children, pregnant women and older adults are particularly vulnerable to heavy metal exposure.
Orgain and Costco did not immediately respond to FOX Business’ request for comment.
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