A proposed class-action lawsuit has been filed against Costco Wholesale Corporation, alleging that the retailer sold protein powder contaminated with toxic heavy metals without adequate warnings to consumers. The lawsuit, filed on 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 Knowledge and Negligence
The plaintiffs argue that Costco, as a major national retailer with sophisticated supply-chain management and quality control processes, "knew or should have known" about the heavy metal contamination. Despite this, the company continued to sell the products without any warning. The lawsuit states that "reasonable customers" cannot detect heavy metals without expensive laboratory testing, and Costco allegedly "failed to perform or require any heavy metal testing, or to disclose the presence of heavy metals."
Company Responses
Costco and Orgain did not immediately respond to requests for comment. However, an Orgain spokesperson told the Seattle Times on Wednesday 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 complaint 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." A 2023 Consumer Reports investigation also revealed that more than two-thirds of 23 tested protein powders and shakes "contained more lead in a single serving" than experts deem safe for daily consumption.
Additionally, one plaintiff and their lawyers conducted independent laboratory testing that "confirmed the presence of heavy metals" in the Orgain protein powder, according to the lawsuit.
Legal Demands
The plaintiffs are seeking a court order requiring Costco to disclose the presence and levels of heavy metals in its products and to stop selling contaminated items without adequate disclosure. The lawsuit asserts that Costco's business practices "were deceptive, misleading, unfair, and/or false" due to the omission of information about toxic heavy metals.
