Costco faces lawsuit over Orgain protein powder with toxic metals

What do tariffs, rotisserie chicken and grain-free dog food have in common? Each has sparked a lawsuit against Issaquah-based warehouse retailer Costco.

The list doesn't stop there - protein powder has joined the ranks. On Tuesday, consumers filed a proposed class-action lawsuit against Costco in federal court for the Western District of Washington, alleging it sold Orgain's organic plant-based protein powder knowing it was contaminated with toxic heavy metals and failed to disclose the risk to consumers.

Costco did not respond to a request for comment.

Attorneys representing plaintiffs on the case emphasize that their clients, and most consumers who often use protein powder, are particularly focused on their health.

"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," said Steve Berman, attorney and co-founder of Seattle-based law firm Hagens Berman.

Lead, arsenic and cadmium are among the heavy metals detected in the Orgain protein powders, according to laboratory testing done by one plaintiff and his attorney.

Orgain isn't an outlier, though. Trace amounts of heavy metals such as these three are in many protein products and have sparked debate around potentially toxic materials in what is generally considered to be a clean or healthy product.

Orgain, known for its organic and plant-based nutritional supplements, maintains that its products are safe for daily use.

"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," a spokesperson from Orgain said in an email Wednesday. "We stand behind the safety and quality of our products."

According to Consumer Reports, which conducted lead tests on dozens of protein powders last year, the heavy metals can show up in protein powders if they're introduced while they're being made. Plants used for protein powder, such as peas, are particularly susceptible to absorbing heavy metals that naturally appear in soil. The metals can also be introduced into protein powder depending on the machines and metals used during the manufacturing process.

The lawsuit alleges that Costco violated the Washington Consumer Protection Act by knowingly excluding a warning about the presence of heavy metals in the "contaminated products." Washington's CPA is meant to stop business practices that could affect many people, especially when a business is "engaged with an unfair or deceptive act."

Attorneys claim that Costco misled consumers and say in the lawsuit that each of the defendants listed would not have purchased the products, or at least would not have paid a premium average of $30 per container, had they known the product contained trace amounts of heavy metals.

The Clean Label Project, a nonprofit that tests food and supplements for hidden contaminants such as heavy metals, identified a handful of protein powders that do not contain trace amounts of lead, cadmium, mercury or arsenic. The lawsuit points out that protein powder products sold by Costco could be manufactured without the metals.

Consumers can still purchase Orgain products from Costco, and the presence of trace minerals hasn't caused a recall. The products are widely available both online and in stores with other top retailers such as Amazon, Target and Walmart.

In California, it's common for retailers to post warnings about products like Orgain containing heavy metals, but most major retailers, especially in Washington, do not post blanket warnings in-store, and Orgain's packaging doesn't disclose the presence of heavy metals.

Plaintiffs are seeking financial relief for Costco's "misrepresentations, omissions, active concealment and other deceptive conduct," according to the complaint. They are also seeking injunctive relief that would require Costco to stop selling the Orgain protein powder without properly disclosing the presence of heavy metals.

The lawsuit alleges that "heavy metals are known to pose significant and adverse health risks and consequences to humans." A statement from the Food and Drug Administration mentioned in the lawsuit says that there "is no known safe level of lead exposure." The lawsuit also alleges that regular consumption of heavy metals has been linked to "various health issues, including bladder, lung, and skin cancer; cognitive and reproductive problems; and type 2 diabetes."

Research shows mixed results on the impact of exposure to these heavy metals. A study from 2020 indicates that ingestion of trace heavy metals through protein powder did not increase the risk of adverse health effects that the study tested for.

None of the plaintiffs in the lawsuit allege experiencing adverse health effects from consuming the protein powder, though the complaint describes the risks associated with toxic heavy metal exposure at length and alleges that Costco is responsible for putting its consumers in a position where they could have been harmed.

The Consumer Reports investigation that tested protein supplements found that more than two-thirds of the products, including Orgain's, contained amounts of lead that the organization's experts say are more than what is safe to consume in a single day.

Orgain maintains that its products are compliant with food safety standards, but because protein powder is a food supplement, the FDA leaves it up to manufacturers to evaluate the safety and labeling of products, according to a March article from Harvard Health.

Regardless of the presence of trace amounts of heavy metals, the long-term effects of consuming high protein from supplements are still unknown.

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This story was originally published July 8, 2026 at 4:56 PM.