Hagens Berman: Consumer Lawsuit Against Costco Alleges Toxic Heavy Metals in Orgain Protein Supplements
Class action cites lab testing revealing high levels of lead, cadmium and arsenic in popular protein powder brand
SEATTLE--(BUSINESS WIRE)--$COST #classaction--Consumers filed a class-action lawsuit against Costco Wholesale Corporation accusing the retailer of selling Orgain Organic Plant-Based Protein Powder products it knew were contaminated with toxic heavy metals, without disclosing the risk, according to Hagens Berman.
The lawsuit was filed in the U.S. District Court for the Western District of Washington on July 7, 2026, and states that despite Costco marketing the affected protein powder as “high quality, clean, and nutritious,” reports and independent laboratory testing reveal the products are contaminated with toxic heavy metals, including lead, cadmium and arsenic, at levels unsafe for human consumption.
“Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health,” said Steve Berman, managing partner and co-founder of Hagens Berman. “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.”
"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," Berman added.
Testing by The Clean Label Project, Consumer Reports and independent laboratory testing found detectable levels of heavy metals in Orgain Organic Plant-Based Protein Powders. Results show that Costco sold affected Orgain products with undisclosed lead levels as high as 67 ppb, exceeding recognized safety thresholds by more than 600%. Cadmium levels in affected products tested as high as 70.3 ppb, and arsenic levels as high as 19.8 ppb.
According to the World Health Organization, there are no known safe levels of exposure to heavy metals. They accumulate in the body over time, meaning even low-level exposure can be hazardous, and health effects may not appear until years after exposure. Heavy metals have been linked to various cancers, reproductive problems, nervous system disorders, gastrointestinal issues and immune system dysfunction.
What Costco Allegedly Knew
All of this, attorneys allege, constitutes information that consumers deserved to know before buying Orgain protein powder.
“As a major national retailer with sophisticated supply-chain management and quality control processes, Costco knew or should have known about the heavy metals in the Contaminated Products it sells, including the Contaminated Products,” the lawsuit states. “Despite this knowledge, or constructive knowledge, Costco continued to sell the Contaminated Products without any warning or disclosure to consumers regarding the presence or material risk of heavy metals in the Contaminated Products.”
The lawsuit accuses Costco of misrepresenting its products pointing to language like “quality ingredients, higher standards,” “good, clean fuel” and “delivering clean nutrition” on its website product pages.
The lawsuit states that Costco sought to capitalize on health-conscious consumers, charging a premium based on the perceived nutritional and health qualities of its product. Orgain products are sold for $.79 to $.80 per oz., while comparable protein powder products with non-detectable levels of heavy metals are available at prices as low as $.42 per oz. according to the lawsuit.
The proposed class action brings claims of fraudulent concealment, unfair trade practices, deceptive trade and violations of numerous state consumer protection laws and seeks punitive damages on behalf of consumers for Costco’s allegedly “deceptive and unfair conduct.” Attorneys also seek injunctive relief requiring Costco to stop selling affected Orgain organic protein powder without adequately disclosing the presence of toxic heavy metals.
Hagens Berman is a global plaintiffs' rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm's determination has earned it numerous national accolades, awards and titles of "Most Feared Plaintiff's Firm," MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
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