Costco is the target of a proposed class-action lawsuit that alleges its Orgain Organic Plant-Based Protein Powder contains significant levels of toxic heavy metals and that the company misled consumers by marketing it as "good clean fuel."
The lawsuit, filed in federal court for the Western District of Washington, claims Costco failed to disclose the presence of arsenic, cadmium, and lead in the protein powder, which plaintiffs state can have adverse health effects. The plaintiffs are seeking punitive damages and a court order requiring Costco to disclose the heavy metal content, alleging unfair trade practices and violations of state laws.
"Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health," said Steve Berman, managing partner and co-founder of Hagens Berman, the law firm representing the plaintiffs. "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."
The legal action cites an investigation by the Clean Label Project and Consumer Reports, which reportedly found that Orgain's Vanilla Bean protein powder exceeded its "level of concern" for lead. Independent laboratory testing conducted by one of the plaintiffs and their counsel also allegedly confirmed the presence of heavy metals in both Vanilla Bean and Chocolate Fudge varieties of Orgain's protein powder.
Costco sold the product in stores and online while marketing it with phrases such as "quality ingredients and higher standards" and stating that Orgain is "relentless about quality," according to the lawsuit. The suit further alleges that consumers paid a premium for the protein powders, approximately $30 per container, believing they were purchasing a health supplement, and would have chosen less expensive alternatives had they known about the heavy metal contamination.
According to the World Health Organization and the US Food & Drug Administration, there is no known safe level of exposure to heavy metals, and such exposure can lead to serious health risks, including cancers, liver, kidney, and brain damage, reproductive and skin disorders, and cardiovascular disease.
Orgain has stated that its products are safe for daily use, and the protein powders are not currently subject to any recalls. The products remain available for sale at Costco and other major retailers, including Amazon, Target, and Walmart.
The lawsuit comes as the market for protein powders and other health supplements has seen significant growth, a trend that has coincided with an increase in the detection of toxic heavy metals in these products, according to the Consumer Reports investigation. The report indicated that more than two-thirds of 23 tested protein powders and ready-to-drink shakes contained lead levels exceeding what food safety experts deem safe for daily consumption, with some exceeding the limit by more than tenfold.