Kroger, Others Exit Suit Over Heavy Metals in Teething Wafers

Kroger Co. and other grocers exited, for now, a proposed class suit alleging they sold teething wafers with traces of heavy metals like lead and arsenic.

The lead plaintiff and others didn’t properly plead their claims, which sought to hold the grocers liable for failure to warn about heavy metals in store-brand wafers, the US District Court for the Southern District of Ohio said Monday.

However, the grocers failed to convince Judge Douglas R. Cole that the suit also warrants dismissal because of pending regulatory activity by the Food and Drug Administration, the entity primarily responsible for baby food safety. ...