Costco is under fire with a class action lawsuit claiming the retailer misrepresented its protein powder, which allegedly contains dangerous levels of toxic metals, while advertising it as a “good, clean fuel.”
This proposed class action was lodged this week in federal court for the Western District of Washington. It claims that Costco has not been transparent about its Orgain Organic Plant-Based Protein Powder, stating the product includes notable amounts of arsenic, cadmium, and lead that could be harmful to health.
The lawsuit seeks punitive damages and demands that Costco inform consumers about these heavy metals. It contends that the retailer “knew, or should have known” about the substances, accusing them of engaging in unfair trade practices and violating several state regulations.
“Many people who buy protein powder incorporate it into their daily fitness routines,” said Steve Berman, a managing partner at the Seattle law firm representing the plaintiffs. “Time and again, these health-conscious individuals have unknowingly consumed alarming levels of harmful heavy metals, assuming Costco’s quality guarantees meant they were safe.”
As of now, Costco and Orgain have not provided a response to requests for comment.
The complaint references a study by the Clean Label Project and Consumer Reports, which indicated that Orgain’s vanilla bean protein exceeded established safety levels for lead.
Moreover, testing done by an independent lab, as part of the complaint, confirmed that Orgain’s vanilla bean and chocolate fudge flavors contain heavy metals.
Despite the findings from Consumer Reports, Orgain maintains that its products are safe for daily consumption and are not subject to any recalls; they are available at Costco and other major retailers like Amazon and Walmart.
Health experts, including those from the World Health Organization and the U.S. Food and Drug Administration, caution that there is no known safe level of heavy metal exposure. Such exposure can lead to serious health concerns, including cancer, liver and kidney damage, and cardiovascular disease.
However, the lawsuit points out that Costco sold this product both in stores and online without disclosing the heavy metals, while promoting it as having “high-quality ingredients and standards.” Orgain also called it a “good, clean fuel,” according to the lawsuit.
The complaint notes that consumers paid a premium price (around $30 per container), believing they were investing in a health-enhancing supplement. Had they been informed about the toxic metals, they likely would have opted for less expensive alternatives.
Consumer Reports has highlighted that, as the market for protein powders and health supplements has surged, the incidence of toxic heavy metals in these products has also risen. In fact, more than two-thirds of the 23 protein powders and instant drink shakes tested contained higher levels of lead than what food safety experts deem safe for daily intake, with some products exceeding the limit by more than ten times.
