Costco

Allegations that Costco's Orgain protein powder contains undisclosed heavy metals, despite marketing claims of "good, clean nutrition."

Costco is seeking to dismiss a class action lawsuit that claims its Orgain organic protein powder contains heavy metals such as lead, cadmium, and arsenic. The plaintiffs allege that marketing phrases like "cleaner ingredients" and "good clean fuel" were misleading. Costco argues that these statements do not promise the products are free of heavy metals and are merely puffery. The company also contends that the levels of lead detected in the plaintiffs' own tests are below FDA reference levels and that some exceed California's Proposition 65 threshold only as a warning level, not an indicator of harm.

• Consumers who purchased Orgain protein powder from Costco.
• Consumers in Washington, California, Illinois, Minnesota, Ohio, and Texas may be part of subclasses.
• Exact eligibility will be determined once the claim process opens.