Costco sued over protein powder allegedly containing toxic heavy metals
Warehouse retailer Costco has found itself at the center of another lawsuit, this time involving allegations that its protein powder contains toxins.
In the proposed class action lawsuit, filed on July 7 in a federal court in Washington state, seven customers allege that Costco advertises the products, Orgain Organic Protein Powder in vanilla bean and creamy chocolate fudge, as having "quality ingredients and higher standards." However, the customers argue that the powder allegedly contains heavy metals, including lead, cadmium and arsenic, according to court documents reviewed by USA TODAY.
Per the complaint, nonprofit organization Clean Label Product said in a January 2025 news release that it found toxins in the Orgain protein powder and other brands. Consumer Reports also found lead in the protein powder, per an October 2025 report.
In an emailed statement to USA TODAY on July 9, Orgain said, "Orgain products are safe to consume. 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. We stand behind the safety and quality of our products."
USA TODAY contacted Costco on July 9 for comment regarding the lawsuit.
Costco has recently been sued for allegedly falsely advertising its rotisserie chicken as preservative-free. The company was also sued for salmonella contamination involving its chicken.
Here's what we know about the ongoing protein powder lawsuit.
Independent testing was done, plaintiffs say; politician chimes in
In June 2026, Texas Attorney General Ken Paxton cited Consumer Reports' and Clean Label Project's findings and said he was launching an industry-wide investigation into protein powder manufacturers to "protect Texans from heavy metals, including lead and cadmium."
Paxton noted that in Consumer Reports' study, researchers tested 23 products and found that on average, lead levels in plant-based protein powders were nine times higher than those in powders made with dairy proteins like whey. The lead levels were twice as high as those in beef-based products, according to Paxton's news release.
He added that the Clean Label Project tested 160 protein powder products and found that 47% exceeded California's limits for toxic heavy metals in a single serving.
"Protein is a vital macronutrient for human health, and Texans deserve clean protein powders without having to worry whether the products contain heavy metals or other harmful chemicals," Paxton said in the news release. "Far too many corporations have snuck harmful ingredients in their products, and I am committed to doing everything I can to help Make America Healthy Again."
Per the lawsuit, a plaintiff from Texas had independent lab testing done that confirmed heavy metals were in the Orgain Organic Protein Powder in vanilla bean and creamy chocolate fudge.
Heavy metals in protein powder can lead to kidney damage, lawsuit says
The plaintiffs state in court documents that by selling the protein powder they allege contains heavy metals, the company has violated the Washington Consumer Protection Act, which prohibits unfair methods of competition and unfair or deceptive acts in retail.
The customers argue in the lawsuit that heavy metals "pose significant and adverse health risks" to humans who consume them.
"Exposure to heavy metals, including cadmium and lead, can cause negative health effects, such as various cancers, gastric and vascular disorders, liver, kidney, and brain damage, miscarriages, and reproductive disorders," the lawsuit reads.
Citing scientific research, the lawsuit said investigators believe there are no known safe levels of heavy metals for humans to consume, especially since heavy metals accumulate in the body over time; therefore, consumption can lead to health issues years down the line.
Plaintiffs allege false advertising
The customers also said in the lawsuit that the protein powder's alleged ingredients negate what the powder is advertised for.
"(The powder is) intended to (act) as a supplement to boost nutrition," the lawsuit reads. "Arsenic, cadmium, and lead provide no such benefits and, instead, pose health risks."
As of July 9, Costco has at least four Orgain protein powders listed on its website.
On the product page for the Orgain Organic Protein and Superfoods Plant-Based Protein Powder in vanilla bean, the Costco website reads: "product details have been supplied by the manufacturer and are hosted by a third party."
The product page says the powder contains 21 grams of organic plant-based protein, 50 organic superfoods in every serving, 1 billion probiotics, 1 gram of sugar, and 8 grams of fiber.
But the plaintiffs said in the lawsuit that Costco is culpable because the company controls the product listings customers see online and inside stores, and failed to inform customers about the alleged arsenic and other toxic ingredients.
In addition to unspecified monetary damages, the plaintiffs are asking the court to order Costco to disclose on the protein powder's packaging or advertising that the products contain heavy metals if the retailer plans to continue selling them.
Saleen Martin is a reporter on USA TODAY's trending team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@usatoday.com.
This article originally appeared on USA TODAY: Costco sued over protein powder allegedly containing toxic heavy metals
Reporting by Saleen Martin, USA TODAY / USA TODAY
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This story was originally published July 9, 2026 at 10:06 AM.