Full Breakdown
Costco Faces Class-Action Lawsuit Over Orgain Protein Powder Containing Heavy Metals
7/10/2026, 4:26:01 PM
Core Event
On July 7, 2026 consumers filed a proposed class-action lawsuit in the U.S. District Court for the Western District of Washington alleging that Costco Wholesale Corp. sold Orgain Organic Protein Powder—Vanilla Bean and Creamy Chocolate Fudge flavors—despite the product’s “dangerous” levels of lead, cadmium and arsenic. Seven plaintiffs from multiple states claim Costco failed to screen the supplements or disclose the contaminants, violating the Washington Consumer Protection Act and various state consumer-protection statutes.
Background & Context
Protein powders have become a staple for fitness-focused shoppers, yet they are not subject to pre-market FDA approval. The Food and Drug Administration has stated there is no known safe level of lead exposure, and California’s Proposition 65 requires warning labels when lead exceeds a daily limit. Prior investigations by Consumer Reports and the nonprofit Clean Label Project have repeatedly flagged plant-based powders for elevated heavy-metal content, prompting a February 2026 California bill mandating testing and public disclosure of such contaminants.
Key Figures & Groups
- Costco Wholesale Corp. – retailer selling the Orgain products.
- Orgain – manufacturer of the organic, plant-based protein powders.
- Steve Berman – managing partner, Hagens Berman Sanchez, representing the plaintiffs.
- Clean Label Project – nonprofit that conducts contaminant testing.
- Consumer Reports – consumer-advocacy magazine that performed a comparative study of 23 protein powders.
- Ken Paxton – Texas Attorney General leading a statewide investigation into protein-powder manufacturers.
Data & Statistics
- Independent testing cited in the complaint found lead at 67 ppb, cadmium at 70.3 ppb, and arsenic at 19.8 ppb in the Orgain Vanilla Bean product.
- Consumer Reports measured lead at 143 % of its “level of concern,” exceeding the benchmark of 0.5 µg per day.
- The same report indicated plant-based powders contain, on average, nine times more lead than whey-based powders and twice as much as beef-based powders.
- Clean Label Project’s 2025 survey identified 47 % of 160 tested protein powders exceeding California’s limits for toxic metals in a single serving.
Why It Matters / Impact
Heavy metals can accumulate in the body, with chronic exposure linked to immune suppression, kidney damage, reproductive issues and elevated blood pressure. Vulnerable populations—including children, pregnant women and older adults—are at heightened risk. The lawsuit raises broader questions about retailer responsibility for supplement safety, the adequacy of current FDA oversight, and the transparency of product labeling in a market where consumers rely heavily on retailer assurances.
Official Statements & Responses
- Orgain: “Orgain products are safe to consume… our products comply with applicable food safety standards and guidance. We stand behind the safety and quality of our products.”
- Costco: No comment provided to reporters.
- U.S. Food and Drug Administration (cited in the complaint): “There is no known safe level of lead exposure.”
- Texas Attorney General Ken Paxton: Launched an industry-wide investigation to protect Texans from heavy metals in protein powders.
Criticism & Opposition
Plaintiffs argue Costco’s omission of any warning about heavy metals constitutes deceptive marketing and violates the Washington Consumer Protection Act, which prohibits unfair or deceptive acts that could affect many consumers. They seek monetary damages, injunctive relief requiring disclosure on packaging, and a halt to sales of the alleged contaminated products.
Conflicting Reports & Gaps
The complaint references a California Proposition 65 analysis indicating lead levels >600 % above the state limit, while Consumer Reports cites a 143 % exceedance. Neither source reports actual health incidents among the plaintiffs, and the FDA has not issued a formal safety determination for the specific Orgain batches.
Verbatim Quotes
- “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.” — Steve Berman, Managing Partner, Hagens Berman Sanchez
- “Orgain products are safe to consume. 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.” — Orgain spokesperson
- “heavy metals are known to pose significant and adverse health risks and consequences to humans.” — Complaint language
- “Protein is a vital macronutrient for human health, and Texans deserve clean protein powders without having to worry whether the products contain heavy metals or other harmful chemicals,” — Ken Paxton, Texas Attorney General
What’s Next
Texas Attorney General Paxton’s investigation is ongoing, and the California heavy-metal testing bill is slated for legislative debate later in 2026. The Costco case will proceed through discovery, with potential court-ordered disclosures or injunctions depending on the outcome of the trial.
