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 […]

March 09, 2008

It is still safer to eat is China – Really?

I was reading the Seattle Times today – “China: Food Poisoning Deaths Up in 2007.”  Seems like a big admission from the Chinese Government in the run-up to the Olympics.  In contrast in the US according to the CDC, “an estimated 76 million cases of foodborne disease occur each year in the United States.  CDC […]

March 08, 2008

When is a Recall Not a Recall?

Stephen J. Hedges of the Chicago Tribune has written once again about the dysfunctional relationship between the meat industry, FSIS and consumers in his article this morning, “Meat recall alerts retailers, not consumers.” The largest meat recall in the nation’s history was bound to reverberate through the food-manufacturing world. So far, four major food manufacturers […]

March 07, 2008

Raw-milk Producer Fails to Meet Standards

Barbara Feder Ostrov of the Mercury News reported on Organic Pastures – Again: State agriculture officials have temporarily banned the sale of raw cream from the Organic Pastures dairy in Fresno, citing bacteria levels of up to 150 times the legal limit. They also have warned a Watsonville dairy, Claravale Farm, that it faces a […]

March 07, 2008

When the Elephants Dance

Jamie Hartford from QSR Magazine and I spoke over the last few days as I was mediating the Wendy’s 2006 E. coli O21:H19 outbreak in Salt Lake City, Utah. Although Jamie and I primarily talked about how restaurants can protect themselves from contaminated product received from suppliers, some of what we talked about is why […]

March 05, 2008

Back to Salt Lake City

After spending a few days at the Argibusiness Executive Conference, I am off to Salt Lake City to a Court ordered mediation of cases stemming from the E. coli O121:H19 outbreak linked to an Ogden Wendy’s.  I represent five of the victims.  Two cases were settled yesterday, so we will be mediating three – all […]

March 05, 2008

Chicken Recall Over Listeria

In what appears to be three separate recalls due to Listeria, several firms are recalling chicken products sent to several states. Gourmet Boutique LLC of Jamaica, N.Y., recalled 6,970 pounds of 12 meat and poultry products, which each bear the production code GBD 08058 on the package. These products, which are mostly chicken but also […]

March 05, 2008

Aunt Jemima Pancake & Waffle Mix Products Recalled for Salmonella

The Quaker Oats Co. announced the products in the recall are Aunt Jemima Pancake & Waffle Mix: Original, Original Complete and Buttermilk Complete, which may have potential salmonella contamination. No other Aunt Jemima, frozen Aunt Jemima or Quaker products are affected. The products, sold in 2 pound and 5 pound boxes with Best Before dates […]

March 04, 2008

The Raw Economics Driving the Use of Downers

This is the land of capitalism.  So, we all know that when it comes to using Downers, or non-ambulatory cows, there has to be that raw underbelly of profit or, perhaps more accurately, the illusion of profits.  Let’s examine if the use of downers makes good economic sense. First some background: In the U.S., we […]

March 02, 2008

Off to California Agribusiness Executive Seminar

I leave for Monterey in the morning to attend Tuesday’s General Session – Food Safety.  The instructor is Roberta Cook who wrote a brilliant paper for the session.  I will be on the Panel Discussion with: Dr. Robert Brackett, Senior Vice President and Chief Science and Regulatory Officer, Grocery Manufacturers Association William Marler, Managing Partner […]

March 02, 2008

Should ALL “Downers” be banned from the food supply?

I am thinking about the reasons, ethically, medically and financially why we allow "downer" cattle into our food supply – at any level.  Over the next few days I will give you my thoughts.  Please feel free to weigh in.  To put things in context, The USDA suggested, and Westland/Hallmark issued, the largest beef recall […]

March 02, 2008

Murrieta family suing Organic Pastures and Sprouts in E. coli case

The first paragraph of the North County Times article says it all: “A Murrieta couple says it was raw milk tainted with a strain of E. coli that nearly killed their son. The owner of Organic Pastures Dairy in Fresno, where the raw milk came from, and the Sprouts store in Temecula, where the milk […]

March 01, 2008

I may take a break from blogging for a day or so – no way

Taking a "break" from the testimony, food safety conferences and upcoming legal work in California and Utah, I took a great hike today to a "falls" outside of Phoenix in the desert.  Well, you should all be thankful that I am a far better lawyer that walker.  Thankfully, there was a great Urgent Care Center […]

March 01, 2008

Retailer Recall in Motion and Inspectors being Shocked

Carrie Peyton Dahlberg of the Sacramento Bee and I spoke yesterday about the fallout of the nations largest meat recall. As she has said “from soup to jerky, the list of products made with recalled beef has been growing, and messages to consumers have gotten ever more confusing. Makers of kitchen standbys like Hunt’s spaghetti […]

February 28, 2008

E. coli “Beast Feast” in Alabama Church

The Associated Press story caught my eye – “Several sick with E-Coli after "Beast Feast" at Mobile church.” Several people, including a 7-year-old boy, have been hospitalized when they became sick with E. coli after eating food at a cookout known as the "Beast Feast" at a Fairhope church. As many as 20 others reported […]

February 28, 2008

Another Conference – at least it is in Arizona

I am at the Food-Borne Illness Litigation Conference being sponsored by the American Conference Institute.  So far the conference has been very informative.  Here is the description of the conference: 2007 was the year of the recall, with e-coli contamination increasing sharply in 2007 over the previous two years. And it’s not just beef recalls […]

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