Seattle shoppers are taking Costco to federal court, accusing the warehouse giant of selling Orgain plant-based protein powder that allegedly came with a hidden side of heavy metals. The proposed class-action complaint, filed July 7 in the U.S. District Court in Seattle, seeks damages and a court order stopping sales of the Orgain products named in the suit.
In a July 7 release, plaintiffs' lawyers at Hagens Berman said lab tests on the Orgain powders showed lead up to 67 parts per billion, cadmium as high as 70.3 ppb and arsenic at 19.8 ppb, levels the firm claims exceed recognized safety thresholds. The complaint says Costco marketed the powders as "high quality, clean and nutritious" without disclosing the alleged contamination, and it asks for both monetary relief and an injunction blocking further sales, as reported by Hagens Berman.
Testing and industry studies flagged the risk
Independent testing and past investigations had already raised red flags about metals in protein powders. A Consumer Reports investigation reported troubling lead levels in several powders and shakes, and a review by the Clean Label Project flagged dozens of plant-based products for heavy metals. Plaintiffs say those findings helped spur the current litigation, according to the Clean Label Project.
What plaintiffs allege
The lawsuit claims Costco knowingly sold Orgain Organic Plant-Based Protein Powders that did not live up to the safety and quality promises made to customers. The complaint points to marketing that targets health-conscious buyers, arguing that regular users were paying premium prices for what they believed were "clean" products.
“Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health,” plaintiffs' counsel Steve Berman said in the release. The suit brings claims that include fraudulent concealment, deceptive trade practices and violations of state consumer-protection laws, and it asks the court for injunctive relief along with damages, per Hagens Berman.
Regulatory scrutiny is rising
The courtroom fight is unfolding as regulators turn up the heat on the supplement aisle. In early June, the Texas attorney general announced an industry-wide investigation into protein powders after independent reports highlighted heavy metals, according to the Texas AG.
The attorney general’s move, along with broader coverage tying the probe to a supplement heavy metal crackdown, has added enforcement pressure on top of private lawsuits, as noted in reporting on the heavy metal crackdown.
Recall history and company notes
Orgain is no stranger to product trouble. In October 2023, the company issued a voluntary recall of certain Organic Plant Protein + Superfoods tubs after a co-manufacturer warned about an undeclared sesame allergen, according to the U.S. Food and Drug Administration. That recall did not involve heavy metals but shows the brand has previously pulled products over labeling and safety concerns, per the FDA.
What to watch next
Legal analysts say the Costco case tracks with a broader surge of lawsuits targeting alleged toxic contaminants in supplements that followed high-profile testing projects. Previous cases have led to settlements, warning labels or Prop 65 actions, according to LegalClarity.
As this suit moves forward, observers expect a deep dive into discovery, additional third-party lab testing and potential coordination with other complaints. For now, consumers who bought Orgain powders from Costco are advised to hold on to product containers and receipts and to watch for court updates or notices. The story is likely to evolve as filings land on the docket and as Costco or Orgain issue formal responses.
