Seven consumers have filed a proposed class-action lawsuit against Costco in a Washington federal court, alleging the retailer sold Orgain protein powder without disclosing the presence of toxic heavy metals.
The 87-page complaint, filed on July 9, 2026, claims Costco misled shoppers by marketing the supplement as clean and healthy despite it allegedly containing lead, cadmium, and arsenic.
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The lawsuit follows independent product testing conducted by Consumer Reports, according to The Seattle Times.
Plaintiffs argue they would not have purchased the supplement or would have paid less if the contamination had been disclosed.
The complaint states that detecting heavy metals requires expensive and specialized laboratory testing.
Costco promoted the product with phrases such as “Power of clean,” “Relentless about quality,” and “The power of good, clean nutrition” on its website while allegedly failing to perform proper heavy metal testing.
The plaintiffs allege that foods with elevated heavy metal levels are neither nutritious nor healthy. They seek financial damages and a ban on sales without proper disclosures.
Steve Berman, managing partner of Hagens Berman, represents the consumers.
He stated that health-conscious consumers unknowingly ingested alarming levels of toxic heavy metals repeatedly, trusting Costco’s quality assurance.
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“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 said.
An Orgain spokesperson defended the product, stating that trace minerals are naturally absorbed by plant-based ingredients 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 spokesperson said.
The lawsuit alleges violations of consumer protection and false advertising laws in multiple states, including Washington, California, Illinois, Minnesota, Ohio, and Texas.
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No recall has been issued, no physical illnesses have been reported by the named plaintiffs, and the product remains available at Costco, Amazon, Walmart, and Target.
