Heavy Metals Teething Wafer Case Proceeds Against Kroger, Fred Meyer

CINCINNATI — An Ohio federal judge has refused to dismiss a class action lawsuit accusing grocery store chains of selling baby teething wafers that were contaminated with elevated levels of toxic metals, ruling that the plaintiffs adequately pled their claims for breach of implied warranty and unjust enrichment.

In a March 5 order, Judge Douglas Cole of the U.S. District Court for the Southern District of Ohio dismissed with prejudice the claims against defendants Harris Teeter LLC and Harris Teeter Supermarkets Inc., but otherwise denied defendants’ motion.

The four plaintiffs claimed that “Simple Truth Organic Rice Rusks Baby Teething Wafers” …