Warehouse retailer Costco has found itself at the center of another lawsuit, this time involving allegations that its protein powders contain toxins.
In a proposed class action lawsuit filed July 7 in a federal court in Washington state, seven customers allege that Costco advertises Orgain Organic Protein Powder as having “quality ingredients and high standards” in the products Vanilla Bean and Creamy Chocolate Fudge. However, customers argue that the powder allegedly contains heavy metals, including lead, cadmium and arsenic, according to court documents reviewed by USA TODAY.
According to the complaint, the nonprofit organization Clean Label Products said in a news release in January 2025 that it found toxins in Orgain protein powder and other brands. Consumer Reports also found lead in protein powder, according to an October 2025 report.
In a statement emailed to USA TODAY on July 9, Orgain said, “Orgain products are safe to consume. While small amounts of substances found in the environment may 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 was recently sued for falsely advertising its rotisserie chicken as preservative-free. The company was also sued for Salmonella contamination linked to chicken.
Here’s what we know about the ongoing protein powder lawsuit.
Plaintiff says independent testing was conducted; politicians shout
In June 2026, Texas Attorney General Ken Paxton cited the findings of Consumer Reports and the Clean Label Project and said he was launching an industry-wide investigation into protein powder manufacturers “to protect Texans from heavy metals, including lead and cadmium.”
Paxton said that in the Consumer Reports study, researchers tested 23 products and found that, on average, lead levels in plant-based protein powders were nine times higher than in powders made from dairy proteins like whey. According to Paxton’s news release, lead levels were twice as high as those in beef-based products.
He said 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 worrying about whether products contain heavy metals or other harmful chemicals,” Paxton said in the news release. “Far too many corporations have added harmful ingredients to their products, and I am committed to doing everything I can to help make America healthy again.”
According to the lawsuit, a Texas plaintiff conducted independent laboratory testing that confirmed Orgon Organic Protein Powder in Vanilla Bean and Creamy Chocolate Fudge contained heavy metals.
Lawsuit says heavy metals in protein powder could harm kidneys
The plaintiffs say in court documents that by selling the protein powder they allege contains heavy metals, the company violated the Washington Consumer Protection Act, which prohibits unfair practices of competition and unfair or deceptive practices in retail.
Customers in the lawsuit argue that heavy metals “pose significant and adverse health risks” to humans who consume them.
“Exposure to heavy metals, including cadmium and lead, can have negative health effects, such as various cancers, gastric and vascular disorders, liver, kidney and brain damage, miscarriage and reproductive disorders,” the lawsuit states.
Citing scientific research, the lawsuit states that investigators believe there are no known safe levels of heavy metals for humans to consume, especially as heavy metals accumulate in the body over time; Therefore, consumption can lead to health problems years later.
Plaintiff accused of giving false advertisement
Customers also said in the lawsuit that the alleged ingredients of the protein powder negate what the powder is advertised to do.
“(The purpose of the powder) is to (function) as a supplement to promote nutrition,” the lawsuit reads. “Arsenic, cadmium and lead provide no such benefit and, instead, pose health risks.”
As of July 9, there are at least four Argan protein powders listed on Costco’s website.
The product page for Orgain Organic Protein and Superfoods Plant-Based Protein Powder in Vanilla Bean on the Costco website reads: “Product descriptions are supplied by the manufacturer and hosted by a third party.”
The product page states that the powder contains 21 grams of organic plant-based protein, 50 organic superfoods, 1 billion probiotics, 1 gram of sugar, and 8 grams of fiber per serving.
But the plaintiffs said in the lawsuit that Costco is at fault because the company controls the product listings that 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.
The plaintiffs’ attorneys have created a website that clients can use to contact them at www.hbsslaw.com.
This story has been updated to add new information. Celine Martin is a reporter on USA TODAY’s Trending team. He is from Norfolk, Virginia – 757. Email him at (email protected).