Costco Sued in Washington Over Lead-Contaminated Orgain Protein Powder
On July 7, 2026, a class-action suit was filed against Costco for lead-contaminated protein powder.
Why it matters: Legal and compliance teams should watch for liability risks as retailers face lawsuits over contaminated dietary supplements. Heavy metals in consumer products may trigger regulatory actions and increased scrutiny.
- Class-action lawsuit filed July 7, 2026, in U.S. District Court for the Western District of Washington against Costco for Orgain protein powder contamination.
- Independent tests detected lead levels reaching 67 parts per billion (ppb), over six times FDA safety recommendations.
- Texas AG Ken Paxton launched a June 2026 investigation into protein powder makers regarding heavy metal contamination.
- FDA does not require premarket approval for dietary supplements, limiting regulatory oversight on protein powder safety.
On July 7, 2026, a class-action lawsuit was filed against Costco Wholesale Corporation in the U.S. District Court for the Western District of Washington. The suit claims Costco sold Orgain Organic Plant-Based Protein Powder contaminated with toxic heavy metals such as lead, cadmium, and arsenic. Independent lab analysis found lead concentrations up to 67 parts per billion (ppb), exceeding recognized safety thresholds by more than six times.
This contamination level raises potential legal liability for Costco related to product safety and consumer protection laws. Allegations highlight consumers unknowingly ingesting heavy metals while relying on the retailer's assurance of product quality.
Separate testing by Consumer Reports in 2026 examined 23 protein powders and showed that more than two-thirds exceeded Consumer Reports' daily lead threshold of concern. Plant-based protein powders, including those with pea protein, averaged nine times the lead content found in dairy-based supplements and twice that of beef-based varieties. Consumer Reports called for the FDA to establish enforceable limits, citing the agency's current limited oversight and lack of premarket approval requirements for dietary supplements.
In June 2026, Texas Attorney General Ken Paxton initiated an industry-wide investigation targeting protein powder manufacturers over heavy metal contamination, emphasizing the need for clean products free from harmful substances. His office aims to enforce accountability and consumer safety, as stated in the Texas AG's announcement.
This lawsuit and related investigations underscore increasing legal and regulatory scrutiny of dietary supplement retailers and manufacturers. They highlight the importance of comprehensive product testing and clear, accurate labeling to mitigate legal risks and comply with evolving standards.
By the numbers:
- 67 ppb — Maximum lead level found in Orgain protein powder samples, over six times safety threshold
- June 2026 — Texas AG launched investigation into protein powder manufacturers
- 23 protein powders tested — More than two-thirds exceeded lead concern thresholds in Consumer Reports study
Yes, but: Costco has not publicly responded to the lawsuit or the contamination claims. Specific cadmium and arsenic levels were reported as present but not quantified, leaving some gaps.
What's next: The lawsuit will proceed in the Western District of Washington, with potential regulatory responses following the Texas AG investigation. Additional product testing and broader scrutiny of supplements are expected.