Costco is facing a class-action lawsuit accusing the wholesale retailer of selling protein powders containing high levels of toxic metals – and misleading consumers by marketing the products as “good clean fuel.”
The proposed class action, filed earlier this week in federal court for the Western District of Washington, alleged Costco failed to disclose that its Orgain Organic Plant-Based Protein Powder contained significant levels of arsenic, cadmium and lead, which can have adverse health effects.
Plaintiffs are seeking punitive damages and a court order forcing Costco to disclose the presence of heavy metals – accusing the retailer of unfair trade practices and violating numerous state laws and saying it “knew or, at a minimum, should have known” about the metals.
“Many consumers who buy and use protein powder do so routinely as part of a continuing focus on their fitness and health,” Steve Berman, managing partner and co-founder of Hagens Berman, the Seattle-based law firm representing the plaintiffs, said in a statement.
“These same health-conscious consumers have unknowingly ingested alarming levels of toxic heavy metals – lead, cadmium and arsenic – again and again, trusting that Costco’s quality assurance would not allow something like this to happen.”
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.
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