A proposed class-action lawsuit was filed against Costco Wholesale Corporation on Tuesday in federal court in Washington state, alleging that the retailer sold protein powder tainted with toxic heavy metals without proper consumer warnings. Seven consumers are named as plaintiffs, claiming violations of consumer protection and false advertising laws.
Allegations of Heavy Metal Contamination
The lawsuit specifically targets Orgain Organic Protein Powder, which the plaintiffs allege is marketed as "high quality, clean, and nutritious" while failing to disclose the presence of harmful heavy metals such as lead, cadmium, and arsenic. The complaint states, "Heavy metals are known to pose significant and adverse health risks and consequences to humans."
According to the plaintiffs, Costco, as a major national retailer, should have known about the contamination due to its sophisticated supply-chain management and quality control processes. They argue that reasonable customers would not be able to identify the presence of these metals without proper disclosure, as testing requires expensive laboratory services.
Consumer Reports Findings
The lawsuit references testing from the Clean Label Project and Consumer Reports, which found detectable levels of heavy metals in various protein powders, including Orgain's. Notably, Consumer Reports indicated that Orgain Organic Plant-Based Protein Powder Vanilla Bean exceeded its "level of concern" for lead.
