Costco accused of selling protein powder contaminated with lead, arsenic

SEATTLE (CN) — Consumers hit Costco with a class action claiming violations of consumer protection laws through the sale of a protein powder they claim has undisclosed, dangerous levels of toxic heavy metals.

Seven named plaintiffs say Costco neglected to disclose that Orgain Organic Protein Powder contains lead, cadmium and arsenic.

“Reasonable consumers, like plaintiffs, could not learn of the inclusion of heavy metals in the contaminated products unless Costco included a proper disclosure, because identifying the presence of heavy metals requires expensive and sophisticated laboratory testing,” the consumers write in an 87-page complaint. “But Costco failed to perform or require any heavy metal testing, or to disclose the presence of heavy metals.”

An October 2025 Consumer Reports test of Orgain’s vanilla bean protein powder found it exceeded its “level of concern” for lead, identifying it as a product “okay to eat occasionally” and with lead levels at 143% of its level for concern.

“​​Defendant’s business practices — including the misrepresentations and omissions — were deceptive, misleading, unfair, and/or false because, among other things, the contaminated products contained undisclosed toxic heavy metals,” the consumers write in the Tuesday complaint.

The consumers say the packaging doesn’t include any mention of heavy metals, but does prominently feature the “USDA Organic” certification mark, which they say a reasonable consumer would associate with purity and the absence of harmful contaminants.

The product website listing also uses language the consumer’s say is misleading, such as touting the protein powder’s “power of clean” and that it is “relentless about quality.” The page also identifies the manufacturer’s mission as “to help more people live vibrant lives through the power of good, clean nutrition.”

All of these statements are misleading, according to the consumers, as “foods that contain high levels of heavy metals are neither nutritious nor healthy.”

“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 Hagens Berman, who is representing the plaintiffs, said in a statement. “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.”

The Food and Drug Administration doesn’t review, approve or test protein powder supplements before they are sold to consumers, creating a regulatory gap the consumers say forces them to rely on retailers’ voluntary representations of product safety.

“The omissions were intended to and did, in fact, cause consumers like plaintiffs and the other class members, to purchase products they would not have purchased if defendant had disclosed that the contaminated products contained heavy metals, or for which they would not have paid a premium price, or any price at all,” the consumers wrote.

The consumers accuse Costco of actively concealing the truth about the presence of heavy metals in the protein powder, claiming the wholesaler had “exclusive possession” of information regarding 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.”

The 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 force the company to disclose the presence and levels of heavy metals in Orgain and stop selling the products until it discloses that information.

Costco did not respond to a request for comment before press time.