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 […]

December 15, 2007

Wendy’s E. coli Outbreak in Utah

Well after spending most of last week in Salt Lake City mediating, and resolving, spinach-related E. coli O157:H7 cases, I find myself heading back to Salt Lake City Sunday afternoon to work on a little-reported Wendy’s E. coli outbreak, this time E. coli O121:H19.  Here is the very sad story: In early August 2006, public […]

December 15, 2007

More E. coli lawsuits settled

According to the Salinas Californian, six lawsuits stemming from the September 2006 E. coli outbreak linked to Central Coast spinach were settled with Dole, Natural Selection Foods and Mission Organics on Thursday in Salt Lake City, according to Seattle-based attorney Bill Marler, who is representing dozens of people sickened from the Dole-brand spinach. Fifty-one cases […]

December 13, 2007

Dole Spinach Settlement Talks Continue

As Dawn Withers of the Salinas Californian wrote this morning, “E. coli cases at talk stage,” I am actually in Salt Lake City meeting with representatives from Dole, Natural Selection Foods and Mission Organic and their insurers to talk about resolving several cases involving Hemolytic Uremic Syndrome. As Dawn wrote: Bill Marler, a Seattle-based attorney […]

December 13, 2007

My interview on Progressive Talk Radio

I recently did an interview with Don Riggs, the host of Introspect Northwest, which airs on KMPS-FM 94.1 at 6:00 a.m. on Sunday, and on KPTK-AM 1090 at 9:00 a.m. on Sunday.  Don and I talked about food poisoning lawsuits during our interview.  You can listen in on Sunday at 9 a.m. here:  radiotime.com

December 12, 2007

Another ConAgra Pot Pie Lawsuit – Wisconsin

Dinesh Ramde of Minneapolis Associated Press reported in "Man sues ConAgra over pot pie tainted with salmonella," on our client Eric J. Mand of Malone of Fond du Lac County who bought a ConAgra Banquet pot pie in mid-September. A few days after eating one, he became so sick with severe gastrointestinal symptoms that he […]

December 11, 2007

China to meet lowly US Standards?

I read this morning that China and the United States have signed an agreement that aims to ensure Chinese food, drugs and other exports meet US standards – now I’m worried. What concerns me is not that Chinese producers of the affected products must register with local authorities and submit to annual inspections, but the […]

December 10, 2007

SPAM

We have been having problems today with our firm’s spam filter – it is down.  Between emails from lawyers, Nigerian chain mail and male enhancement medication sales, I thought about the other SPAM.  According to Wikipedia, SPAM luncheon meat is a canned precooked meat product made by the Hormel Foods Corporation. The labeled ingredients in […]

December 09, 2007

Marler Family Science Project

Olivia worked on her Science Project yesterday.  No, it was not a food project, it is a representation of a plant cell and a few of the key parts.  Chloroplasts (green stringy thing) are found in plant cells. They capture energy from the sunlight and use it to produce food for the cell (photosynthesis). Mitochondria […]

December 09, 2007

China Cracks Down on Food Safety Violators

David Barboza of the New York Times wrote in "China Cracks Down on Food Safety Violators" that “Beijing has been moving aggressively in recent months to complete a six-month long campaign to root out fake and substandard food, drugs, toys and other consumer goods….” He also noted that last year, Zheng Xiaoyu, the former head […]

December 08, 2007

Senators ask Bush for greater food safety funding

Reuters reported "Senators ask Bush for greater food safety funding."   The “U.S. senators sent President George W. Bush a letter on Thursday demanding greater funding for food safety after dangerous spinach, beef and other food tarnished consumers’ confidence in the U.S. food supply.” Of course, there was not a mention of the 76,000,000 American’s […]

December 06, 2007

Pot Pie Patrol

To date, we have filed six lawsuits against ConAgra stemming from this Salmonella outbreak.  We presently represent nearly two dozen people throughout the United States.  Today we are in the ConAgra Pot Pie Manufacturing Facility in Marshall, Missouri inspecting the plant. As my readers might recall, the CDC has published its preliminary findings on the […]

December 05, 2007

So, why the increase in E. coli cases?

Andrew Martin, well known as the “E. coli guy” in the NYT’s Newsroom, has been spending a bit too much time in slaughterhouses and talking to at least one trial lawyer.  One will make you a vegetarian, the other, well, might make you a Republican.  Mr. Martin’s story – “Meat Processors Look for Ways to […]

December 04, 2007

E. coli’s Comeback: What’s up with that?

So let’s review: So far this year, in some 20 recalls, ground beef companies have recalled more than 30 million pounds of E. coli O157:H7-contaminated meat.  Hundreds have been sickened, including dozens of children who have undergone kidney dialysis as a result.  This compares with just eight recalls and a total of 156,235 pounds in […]

December 04, 2007

Increased Ethanol Production Part of E. coli “Uptick?”

A few weeks ago I continued my posts on the question of the “Uptick” in E. coli O157:H7 cases by asking this question: Is this an explanation? What is the change? I understand that perhaps with the increase in the price of oil there has been an increase in ethanol production and waste products – […]

December 02, 2007

E. coli O157:H7 — It’s back, with a vengeance

Not too long ago, I wondered if the beef industry had actually wised up, and was about to put me out of the business of representing the people they make sick.  After a decade of nearly continuous outbreaks of deadly E. coli O157:H7, from Jack in the Box to ConAgra, the beef industry seemed to […]

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