Costco Wholesale Corporation has requested a Washington federal court to dismiss a class action lawsuit alleging that Orgain protein powder contains heavy metals. The company maintains that its marketing of Orgain products as “good, clean nutrition” does not imply they are free from heavy metals.
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This lawsuit, initiated in July by plaintiffs Stephen Barton and six others, claims that the Orgain Vanilla Bean and Creamy Chocolate Fudge flavors contain undisclosed levels of lead, cadmium, and arsenic. The plaintiffs argue they were misled by terms like “cleaner ingredients,” “good clean fuel,” and “the power of clean.” However, Costco contends that these statements do not specifically mention heavy metals.
In its motion to dismiss, Costco asserts that the phrases used in marketing reflect nutrition and ingredient attributes without making promises regarding the absence of heavy metals. For example, the term “higher standards” is located on packaging near labels such as “vegan,” “gluten free,” and “non-GMO.” Costco also describes these marketing phrases as puffery, which is legal jargon for vague claims lacking factual basis, citing similar cases where courts sided with other brands regarding heavy metals.
The class action encompasses consumer protection claims under laws in six states, alongside a nationwide fraudulent concealment claim based on Washington state law. Costco seeks to dismiss all claims with prejudice, which would prevent the plaintiffs from refiling.
Costco further argues that the plaintiffs’ own test results undermine their case, as the highest reported level of lead was 3.37 micrograms per serving—below the FDA's interim reference level of 8.8 micrograms per day for dietary lead. While Costco acknowledges that five samples exceeded California’s Proposition 65 lead threshold, it contends this figure serves as a warning level and not an indication of harm. The retailer also states that the plaintiffs lack standing to seek injunctions or pursue claims related to two untested flavors.
The plaintiffs aim to represent a nationwide class of consumers who purchased Orgain products from Costco, along with subclasses from Washington, California, Illinois, Minnesota, Ohio, and Texas. They are seeking actual and treble damages, restitution, and an order compelling Costco to disclose heavy metal levels in its products.
The case is filed as Barton, et al. v. Costco Wholesale Corporation, Case No. 2:26-cv-02364, in the U.S. District Court for the Western District of Washington.