Marler Blog

November 29, 2025

ByHeart Infant Formula went to 21 Countries. Are infants ill? Are they getting the BabyBIG botulism anti-toxin?

The FDA has published the following warning: Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall. As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various […]

September 20, 2024

Marler Clark retained by Salmonella victims linked to Madre Oaxacan Restaurant and Mezcaleria

Los Angeles County officials are now reporting that at least 16 people have become infected with Salmonella after eating at a Mexican restaurant in Valencia, CA. People who dined at Madre Oaxacan Restaurant & Mezcaleria late this past week began reporting symptoms of food poisoning, and Public Health was alerted to the situation on Tuesday, […]

Salmonella
September 20, 2024

We lost another Food Safety Hero – Ron Austin (Rudolph)

I just learned of the death of someone who was a hero and a friend, Roni Austin (Rudolph). She will be missed. Thanks to Wiki for a great summary of her heroic work. Roni and Dick did not find out about the cause of Lauren’s death until late January when an article about the Jack […]

E. coli HUS
September 16, 2024

Bill Marler: Free advice for Boar’s Head CEO – and others – after a Foodborne Illness Outbreak

Imagine that the phone call comes or an email pops into your inbox – “Sir, we have been contacted by the health authorities and they say our product has been linked to illnesses and deaths. What do we do?” So, what do you do?   Boar’s Head’s CEO, received that call.  Now, what has he done […]

E. coli
September 14, 2024

Sneak Peek at speech before the Royal Society for Public Health

Foodborne Illness Litigations and Lessons for the Food Sector 13:00 – 14:00, Wednesday 18th September 2024 Speaker: Bill Marler Chair: Professor Lisa Ackerley Bill Marler is a lawyer best known for his work in food safety and foodborne illness litigation. He is the founder of Marler Clark, a law firm based in Seattle, Washington, that specializes […]

E. coli
September 13, 2024

Boar’s Head – FSIS Notice of Suspension – where was this over the last two years?

Good to see FSIS getting off the sidelines on this one – finally. https://www.marlerblog.com/files/2024/09/Boars-Head-NOS-July-2024_view.pdf

Case News
September 13, 2024

Boar’s Head to shutter facility linked to deadly Listeria Outbreak

The below press release was posted not he Boar’s Head website a few hours ago. It is sad that Boar’s Head management let the food safety culture go so far down the drain that it requires closing a factory and putting employees on the street. The impact on this small Virginia town will be felt […]

Listeria
September 10, 2024

WTF? – “Imminent Threat” 2 years ago? A deadly tale of Listeria at Boar’s Head

“deficiencies associated with the establishment’s physical conditions were observed that could pose imminent threat to product.” The New York Times just dropped: ‘Imminent Threat’ Found at Boar’s Head Plant 2 Years Before Fatal Listeria Outbreak U.S. inspectors listed serious problems in 2022 that could have resulted in strict measures like a pause in production. But […]

Listeria
September 09, 2024

It has been over six years since the largest Listeria Outbreak happened and victims have still not been compensated

This is a crime. We are now beyond six years from the date that the NICD announced the association between Tiger Brands’ polony products and the outbreak, and the work done by all parties has only generated more evidence that the NICD’s and Tiger Brands’ conclusions are accurate. There is no evidence to the contrary. […]

Listeria
September 08, 2024

With 9 dead with Listeria, what questions would you ask Boar’s Head and FSIS

The great thing about my job is that I know a lot of smart people in Food Safety who really care. Over the last few days people have sent me questions that need to be asked and answered by Boar’s Head and the regulators, FSIS. Feel free to shoot me any other suggestions. USDA FSIS […]

Listeria
September 08, 2024

What to pay attention to during the Boar’s Head Listeria Outbreak

Where recalled product was sold list has been released – it is massive – https://www.marlerblog.com/files/2024/09/RC-023-2024Retail-List.pdf Listeria is a gram-positive, rod-shaped bacterium that is ubiquitous and can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions.  A.        The Prevalence of Listeria in Food and the Environment Listeriosis is one of the most important bacterial infections worldwide that arises […]

Listeria
September 08, 2024

Boar’s Head Listeria Outbreak will count more people as Liverwurst and Ham test positive

58 clinical WGS  date range: 2024-06-10 to 2024-09-04 5 Liverwurst Isolates 1 Deli Meat Ham Isolate As of August 27, a total of 57 people infected with the outbreak strain of Listeria have been reported from 18 states – Including: Arizona 1, Florida 3, Georgia 2, Illinois 1, Indiana 1, Maryland 8, Massachusetts 3, Minnesota 1, Missouri […]

Listeria
September 06, 2024

Eggs recalled after 65 sickened with Salmonella – Wisconsin and Illinois hardest hit

CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration (FDA) are collecting different types of data to investigate a multistate outbreak of Salmonella Enteritidis infections. Epidemiologic, laboratory, and traceback data show that eggs supplied by Milo’s Poultry Farms are contaminated with Salmonella and are making people sick. According […]

Salmonella
September 06, 2024

Marler Clark files first Federal E. coli Lawsuit linked to Montana Wagyu Beef

The Flathead City-County Health Department (FCCHD) and the Montana Department of Public Health and Human Services (DPHHS) continue to work to investigate an E. coli O157:H7 outbreak originating in Flathead County. Copy of Complaint. Illnesses have been reported in Montana residents as well as people who visited Montana over the 4th of July week including Arizona, Oregon, Wyoming, […]

E. coli HUS
September 06, 2024

Marler Clark, the food safety law firm, files $10,000,000 Punitive Damages claim on behalf of woman who spent six days in ICU after contracting Listeria from Boar’s Head Liverwurst

(Seattle) A federal lawsuit has been filed against Boar’s Head Provisions of Sarasota, Florida in the Eastern District of Virginia on behalf of Barbara Schmidt of Virginia, who spent six days in ICU and weeks in recovery after consuming Boar’s Head Liverwurst. She tested positive for Listeria, and it is a match to the outbreak strain.  Cause No. […]

Listeria
September 06, 2024

Senator Blumenthal ups pressure on FSIS to explain Boar’s Head Listeria Outbreak

Dear Inspector General Fong, I write to request an investigation into the U.S. Department of Agriculture’s (USDA) handling of repeated sanitary violations found at the Boar’s Head plant in Jarratt, Virginia. I am deeply concerned about the ongoing, nationwide listeria outbreak linked to recalled Boar’s Head deli meat produced at the plant. I am further […]

Listeria
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