Costco class action lawsuit overview:
- Who: A group of consumers filed a class action lawsuit against Costco Wholesale Corporation.
- Why: They claim Costco sells Orgain protein powder containing undisclosed heavy metals, including lead, cadmium and arsenic.
- Where: The Costco class action lawsuit was filed in Washington federal court.
A new class action lawsuit alleges Orgain Organic Protein Powder sold at Costco contains undisclosed heavy metals despite marketing claims that the product is “clean” and held to “higher standards.”
Plaintiffs Stephen Barton and six others claim they bought Orgain Vanilla Bean and Creamy Chocolate Fudge protein powder from Costco warehouses and Costco.com in Washington, California, Illinois, Minnesota, Ohio and Texas.
The plaintiffs say they relied on packaging and website claims that the product delivered “good, clean nutrition,” “cleaner ingredients” and the “power of clean.”
Independent lab testing commissioned by the plaintiffs’ attorneys, however, found lead as high as 67 parts per billion and cadmium as high as 70.3 parts per billion in the Orgain products, the Costco class action lawsuit states.
“The packaging makes no disclosure whatsoever regarding the presence of any heavy metals in the contaminated products,” the lawsuit says.
The complaint alleges Costco itself controls and writes the product descriptions and marketing claims on its website, and that Costco chose not to require heavy metal testing or disclosure from its supplier before selling the products in its stores and online.
The lawsuit accuses Costco of violating consumer protection laws in Washington, California, Illinois, Minnesota, Ohio and Texas, along with a fraudulent concealment claim under Washington law.
The plaintiffs are seeking actual and treble damages, restitution, an order requiring Costco to disclose heavy metal levels in its protein powder, and attorneys’ fees and costs.
Orgain lead levels alleged to be 674% above California’s safety threshold
The class action lawsuit claims one lab sample of Orgain Vanilla Bean protein powder contained 3.37 micrograms of lead per serving, which plaintiffs say exceeds California’s Proposition 65 safe harbor level for lead by roughly 674%.
The complaint further reveals that cadmium was detected in every tested sample, with levels in the Creamy Chocolate Fudge flavor alleged to reach 70.3 parts per billion, while arsenic ranged from about 12 to 18 parts per billion across all products.
The Costco class action lawsuit argues that the products’ “USDA Organic” labeling creates a misleading impression of purity, even though organic certification does not test for heavy metals.
The plaintiffs also argue Costco, one of the world’s largest retailers with more than $240 billion in annual revenue, had the resources to test the products or require its supplier to disclose the contamination but failed to do so.
Barton and the other plaintiffs want to represent a nationwide class of consumers who bought the Orgain products from Costco, plus subclasses in Washington, California, Illinois, Minnesota, Ohio and Texas.
Currently, Naked Nutrition is also facing a lawsuit alleging its Vegan Naked Mass Gainer tested positive for 7.7 micrograms of lead, approximately 1,570% above the allowable level for California.
Have you purchased Orgain protein powder from Costco? Let us know in the comments.
The plaintiffs are represented by Steve W. Berman and Shelby Smith of Hagens Berman Sobol Shapiro LLP and Rebecca A. Peterson, Krista K. Freier and Catherine A. Peterson of Hecht Partners LLP.
The Costco class action lawsuit is Barton, et al. v. Costco Wholesale Corporation, Case No. 2:26-cv-02364, in the U.S. District Court for the Western District of Washington.
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