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Vital Proteins sells products with terms and conditions inside the container

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This article focuses on hidden forced arbitration (a practice wherein the terms of service are shown only after opening the package), dubbed "shrinkwrap arbitration"—specifically by Vital Proteins, a collagen supplement provider and Costco, a wholesale store. The company has a history of anti-consumer practices.

Vital Proteins sells supplements,[1] and they have product lines that come in containers with a lid on them. This type of containers have a plastic ring under the lid, which break away from the main lid after opening them for the first time. After doing so, which you can only do if you have bought the product, the consumer is presented with a carton inside the container which lists the terms and conditions with Forced arbitration for the use of their products. Arbitration can be used to avoid court for cases which may otherwise be things such as liability for wrongful death or sexual assault.[2]

Background[edit | edit source]

In 2018, Vital Proteins filed for settlement in the Superior Court of the State of California over lead and cadmium in their products.[3] No demonstrably safe threshold for lead exposure has been identified.[4]

In 2021, there were already reports of forced arbitration by the terms and conditions, which are only listed inside the container.[5]

In 2024, the issue got attention again when the practice was still not changed, and still required first buying and opening the product to see these terms, as they were not present on the packaging of the product.[6][7][8]

Putting terms and conditions inside packaging[edit | edit source]

This section covers what this practice means for consumers. Legislation of interest is the Uniform Commercial Code, which describes the sale rights most US consumers fall under. It constitutes that the consumer has the right to inspect the goods, and know the terms before accepting it. In this case, you have to buy it first before you know all terms and conditions, so the good cannot be considered accepted until opened.

Screenshot of the Mastodon post recording the incident.

As reported by Wraithe@mastodon.social,[9] with photograph, a collagen container purchased from Costco had a arbitration agreement on the inside, visible only after the user opened the product, and written in an unconventional way, with the text being written in a circle rather than a simple paragraph. The text is as follows:[6]

READ THIS: By opening and using this product, you agree to be bound by our Terms and Conditions, fully set forth at vitalproteins.com/tc, which include a mandatory arbitration agreement. If you do not agree to be bound, please return this product immediately

Consumer response[edit | edit source]

Consumers are infuriated because they feel deceived, as they buy the product without knowing the full terms of the sale.[5][7] Only after the purchase and opening the product, they see that the seller wants them to agree to these terms with forced arbitration. This practice is not transparent to consumers, and makes for unnecessary returns to the seller if consumers decide they cannot agree to the terms, at the expense of the consumer.

A preceding report on Vital Proteins Collagen was documented on Reddit in January 2023.[10]

References[edit | edit source]

  1. ↑ "Vital Proteins". Retrieved 10 Apr 2025.{{cite web}}: CS1 maint: url-status (link)
  2. ↑ Sara Ashley O'Brien, Nelli Black, Curt Devine and Drew Griffin, CNN, CNN investigation: 103 Uber drivers accused of sexual assault or abuse, September 18, 2018 https://edition.cnn.com/2018/09/28/tech/uber-driver-sexual-assault/index.html
  3. ↑ Superior Court of the State of California County of Alameda, Stipulated Consent Judgement, Environmental Research Center Inc. vs. Vital Proteins, LLC and DOES 1-100. Case RG18905420. https://oag.ca.gov/system/files/prop65/settlements/2017-02480S6659.pdf
  4. ↑ Vorvolakos T, Arseniou S, Samakouri M. There is no safe threshold for lead exposure: Α literature review. Psychiatriki. 2016 Jul-Sep;27(3):204-214. doi: 10.22365/jpsych.2016.273.204. PMID: 27837574.
  5. ↑ 5.0 5.1 "Forced arbitration if you decide to use this container of protein powder...(returned!)" (social media post). Reddit. 16 Apr 2021.
  6. ↑ 6.0 6.1 "Just found this on the top of a container of collagen that we just bought from Costco" (social media post). Mastodon. 31 Aug 2024.
  7. ↑ 7.0 7.1 "My collagen powder container has a Terms and Conditions agreement when you open the lid" (social media post). Reddit. 31 Aug 2024.
  8. ↑ Louis Rossmann (17 Sep 2024). "Hiding Forced Arbitration Inside Packaging: a new low" (video). YouTube.
  9. ↑ Wraithe, Mastodon Post, August 31, 2024 https://mastodon.social/@Wraithe/113058482791600044
  10. ↑ default_username20 "Vital Proteins Return for binding Arbitration Agreement label?", Reddit Post, January 8, 2023. https://www.reddit.com/r/Costco/comments/106iin4/vital_proteins_return_for_binding_arbitration/?rdt=42766
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