Costco is under scrutiny as a class-action lawsuit has been filed against the wholesale giant. The lawsuit accuses the company of selling protein powders with dangerously high levels of toxic metals, while promoting these products misleadingly as “good clean fuel.”
Earlier this week, the lawsuit was initiated in the federal court for the Western District of Washington. Allegations claim that Costco failed to inform consumers about the presence of significant amounts of arsenic, cadmium, and lead in its Orgain Organic Plant-Based Protein Powder, substances that can pose significant health risks.
The plaintiffs in this case are not only seeking punitive damages but also want a court mandate that compels Costco to disclose the heavy metals in their products. They argue that the retailer engaged in unfair trade practices and breached several state laws, suggesting that Costco was aware or should have been aware of the dangerous metals.
“Many consumers who purchase and consume protein powder do so regularly, with a strong emphasis on maintaining their fitness and health,” stated Steve Berman, managing partner and co-founder of Hagens Berman, the Seattle-based law firm representing the plaintiffs.
Berman further noted, “These very health-conscious buyers have repeatedly been exposed to alarming levels of hazardous heavy metals — including lead, cadmium, and arsenic — all the while trusting that Costco’s quality checks would have prevented such an oversight.”
Costco and Orgain did not immediately respond to The Post’s request for comment.
The lawsuit filed Tuesday cited an investigation by the Clean Label Project and Consumer Reports, which 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 plaintiffs’ counsel confirmed the presence of heavy metals in Orgain’s Vanilla Bean and Chocolate Fudge powders, according to the suit.
Orgain has said its products are safe for daily use despite the Consumer Reports investigation, and their protein powders are not facing any recalls – currently being sold by Costco and other major retailers including Amazon, Target and Walmart.
There is no known safe level of exposure to heavy metals, and exposure can pose serious health risks, including cancers; liver, kidney and brain damage; reproductive disorders; skin disorders; and cardiovascular disease, according to the World Health Organization and US Food & Drug Administration.
Yet Costco sold the product in stores and online without disclosing the presence of heavy metals, calling it “good clean fuel,” saying the powders have “quality ingredients and higher standards” and that Orgain is “relentless about quality,” according to the lawsuit.
The suit also alleged that consumers purchased the protein powders at a higher price – about $30 per container – because they believed they were purchasing a health supplement, and they would have opted for cheaper alternatives if they were made aware of the presence of toxic metals.
As the market for protein powders and other health supplements has exploded, so has the presence of toxic heavy metals in these products, according to the Consumer Reports investigation.
More than two-thirds of the 23 protein powders and ready-to-drink shakes tested by Consumer Reports contained more lead than food safety experts said would be safe to consume in a day – some by more than 10 times.