Seven consumers have filed a proposed class action lawsuit against Costco, alleging the company sold Orgain Organic Protein Powder without disclosing the presence of lead, cadmium, and arsenic, according to Courthouse News.
What happened?
The 87-page complaint argues that reasonable shoppers would have no practical way to detect heavy metals on their own, because doing so would require specialized laboratory testing. In the filing, the consumers say Costco did not test for those alleged contaminants or alert customers to them before offering the product for sale.
The filing, as Courthouse News reported, relies in part on a Consumer Reports test from October 2025 involving Orgain's vanilla bean protein powder; plaintiffs say that review put lead at 143% of the outlet's threshold for concern and labeled the product "okay to eat occasionally."
According to the complaint, Costco's marketing language — including phrases such as "power of clean" and "relentless about quality" — also helped create the impression that the powder was especially pure and safe.
The case was filed in federal court in Washington and, according to Courthouse News, accuses Costco of violating consumer protection and false advertising laws under the statutes of Washington, California, Illinois, Minnesota, Ohio, and Texas.
Courthouse News said Costco had not responded to its request for comment by press time.
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Why does it matter?
Protein powder is often used daily in smoothies, shakes, and meal replacements. That repeated use is central to the plaintiffs' argument.
The complaint also says the product packaging prominently displayed the USDA Organic certification mark, which, according to Courthouse News' description of the filing, consumers say could lead shoppers to associate the powder with purity and an absence of harmful contaminants.
As the filing puts it, "foods that contain high levels of heavy metals are neither nutritious nor healthy." The complaint also highlights, according to Courthouse News, that protein powder supplements are sold without FDA premarket review, approval, or testing.
What's being done?
The plaintiffs are asking the court to require Costco to disclose heavy metal content and levels in Orgain products and to stop selling the protein powder unless that information is clearly provided to consumers.
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Steve Berman, managing partner and co-founder of Hagens Berman, which represents the plaintiffs, said in a statement, "Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health," per Courthouse News.
He added that those same shoppers "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."
Cases like this can also pressure retailers and manufacturers to be more specific about how products are screened and how safety claims are communicated.
"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."
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