Costco Class Action Over Orgain Protein Powder Lead Content

The lawsuit was initiated by plaintiffs, including Stephen Barton, alleging that Orgain protein powder flavors purchased from Costco contain undisclosed amounts of heavy metals such as lead, cadmium, and arsenic. The plaintiffs claim they were misled by marketing phrases such as "cleaner ingredients," "good clean fuel," and "the power of clean."

The legal dispute involves consumer protection claims under the laws of six different states, alongside a nationwide claim of fraudulent concealment under Washington law. Costco counters that its marketing phrases describe general nutritional or ingredient attributes and are considered mere puffery, which it argues cannot be proven false. The retailer also points to the fact that the highest alleged lead reading from the plaintiffs' own tests was below the FDA's interim reference level.

Costco has filed a motion to dismiss the class action, asking the court to dismiss all claims with prejudice. The plaintiffs seek actual and treble damages, restitution, and an order forcing Costco to disclose the heavy metal levels in the products. The lawsuit is currently before the Washington federal court.