Is Costco Orgain protein powder safe to drink? New lawsuit claims it contains lead, cadmium, and arsenic, raises alarm

Consumers have taken Costco to court over its popular Orgain protein powder, claiming the retailer failed to warn customers that the product allegedly contains toxic heavy metals. The proposed class-action lawsuit alleged that Costco had misled consumers by selling the supplement without disclosing the presence of lead, cadmium, and arsenic, despite marketing it as a clean and healthy product.

The legal complaint centers on Costco Orgain protein powder, with seven consumers alleging they would not have purchased the product or would have paid less for the protein powder had they known about the alleged contamination. The lawsuit came after testing by Consumer Reports and has raised concerns about lead levels in one of Orgain's protein powders, according to The Seattle Times.

ALSO READ: Quote of the Day by Princess Diana

Why is Costco being sued over Orgain protein powder?

The lawsuit, filed in federal court in Washington, alleged that Costco Orgain protein powder contains undisclosed heavy metals, including lead, cadmium and arsenic, and that Costco violated consumer protection laws by failing to inform customers.

According to the 87-page complaint, consumers had no reasonable way of knowing about the alleged contaminants because detecting heavy metals requires specialized laboratory testing. “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 complaint stated. “But Costco failed to perform or require any heavy metal testing or to disclose the presence of heavy metals.”

ALSO READ: Quote of the Day by Shakira

The plaintiffs argue that Costco continued selling the product while promoting it as a premium health supplement without warning buyers about the alleged risks.

Plaintiffs say Costco's marketing was misleading

A major part of the lawsuit focuses on Costco's advertising and product labeling.

The complaint says the packaging prominently displayed the USDA Organic certification while making no mention of heavy metals. Plaintiffs argue that consumers naturally associate organic products with purity and safety.

The lawsuit also points to promotional phrases used on the product page, including:

• "Power of clean"
• "Relentless about quality"
• "The power of good, clean nutrition"

According to the complaint, these statements made shoppers believe that the product was free from harmful contaminants.

“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 complaint stated.

The plaintiffs further argued that foods containing elevated levels of heavy metals "are neither nutritious nor healthy."

Attorney says health-conscious consumers were misled

Seattle-based law firm Hagens Berman is representing the consumers in the proposed class action.

Steve Berman, managing partner and co-founder of the firm, said many people who regularly purchase protein powder do so because they prioritize their health. “Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health. 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.”

He added: “Consumers nationwide trust Costco. 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.”

What has Orgain said?

Orgain has pushed back against the allegations, maintaining that its products remain safe for consumers.

A company spokesperson said naturally occurring trace substances can be found in plant-based ingredients because crops absorb minerals from the environment. “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.”

The company noted that its products comply with applicable food safety standards and remain safe for daily use.

What are the consumers asking the court to do?

The lawsuit seeks both financial compensation and changes to how Costco Orgain protein powder is sold.

Among other requests, the plaintiffs want the court to:

• Require Costco to disclose the presence and levels of heavy metals in Orgain protein powder.
• Prevent Costco from selling the product without those disclosures.
• Award financial damages to affected consumers.

The lawsuit alleges Costco violated consumer protection and false advertising laws in Washington, California, Illinois, Minnesota, Ohio and Texas.

No recall has been issued

Despite the lawsuit, Costco Orgain protein powder remains on sale both online and in stores. The product is also available through other major retailers, including Amazon, Walmart and Target.

No recall has been issued, and none of the named plaintiffs claim they suffered any physical illness after consuming the product.