Full Breakdown
Costco Faces Class-Action Over Alleged Heavy Metals in Orgain Protein Powder
7/12/2026, 4:26:01 AM
Core Event: Lawsuit Alleges Contaminated Protein Powder
On July 7, 2026, a group of seven consumers filed a class-action lawsuit in the U.S. District Court for the Western District of Washington, Seattle, accusing Costco of selling Orgain Organic Plant-Based Protein Powder that contains detectable levels of lead, cadmium and arsenic. The complaint asserts that Costco’s product listings tout “quality ingredients,” “higher standards,” and “good clean fuel” while failing to disclose the presence of these toxic metals, violating the Washington Consumer Protection Act. Plaintiffs seek a jury trial, benefit-of-the-bargain damages, restitution and a court order requiring Costco to warn shoppers about the product’s contents.
Background & Context: Prior Independent Testing
The lawsuit cites independent research from the Clean Label Project and Consumer Reports conducted in 2025. The Clean Label Project tested 165 top-selling protein powders and found many with “an array of positive results for levels of arsenic, cadmium, lead, and mercury.” Consumer Reports evaluated 23 products and identified Orgain as exceeding its “level of concern” for lead by 143 % per serving.
Key Figures & Groups
- Steve Berman – Managing partner and co-founder of Hagens Berman, the law firm representing the plaintiffs.
- Orgain – Manufacturer of the organic plant-based protein powder at issue.
- Costco Wholesale Corp. – Retailer alleged to have sold the contaminated product.
- Clean Label Project and Consumer Reports – Independent testing organizations whose studies are referenced in the complaint.
Data & Statistics
- Consumer Reports’ 2025 study: Orgain’s vanilla-bean flavor contained lead at 143 % of the agency’s “level of concern” per serving.
- Clean Label Project’s 2025 analysis: 165 protein powders examined; numerous samples showed measurable arsenic, cadmium, lead, or mercury.
- The lawsuit references the Clean Label Project’s broader finding that many protein powders on the market contain “detectable levels of heavy metals.”
Official Statements & Responses
Orgain issued a statement to the Seattle Times affirming product safety: the company claims its items “comply with applicable food safety standards and guidance” and that it “stands behind the safety and quality of our products.” Costco has not released a comment as of the article’s publication. The U.S. Food and Drug Administration (FDA) has not issued a recall of Orgain protein powders and, as a dietary supplement, the products are not subject to pre-market FDA approval.
Criticism & Opposition
Consumer-health advocates highlight the health risks associated with chronic exposure to lead, cadmium and arsenic, citing Mayo Clinic data on symptoms such as high blood pressure, memory issues and reproductive effects. Critics argue that marketing language implying “clean” and “high-quality” ingredients misleads health-conscious shoppers who rely on retailer assurances.
Conflicting Reports & Gaps
While independent labs reported elevated heavy-metal levels, the FDA has taken no regulatory action, reflecting a gap between testing results and official oversight. The lawsuit does not present definitive laboratory data from Costco’s own testing, leaving the precise contamination levels unverified in court.
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
- “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.” — Steve Berman, Managing Partner, Hagens Berman
- “Consumers nationwide trust Costco,” — Steve Berman, Managing Partner, Hagens Berman
- “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,” — Orgain, Corporate Statement
- “We stand behind the safety and quality of our products.” — Orgain, Corporate Statement
What’s Next
The plaintiffs have scheduled a jury trial; the court’s schedule for hearings and potential settlement discussions has not been disclosed. Both parties may present additional scientific evidence as the case proceeds.
