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 […]

May 16, 2007

Who’s Watching What We Eat?

It is great to see the New York Times focusing attention on food safety – especially E. coli O157:H7 – and quite pleased to see that our clients, the Armstrongs, were interviewed: Elizabeth Armstrong did not give the Food and Drug Administration much thought until her children became ill from eating contaminated bagged spinach. Her […]

May 16, 2007

The Science and Law of Tracking Foodborne Illness – Part 3

Health agency investigation Although statutes and regulations vary from state to state, there are a number of bacterial and viral illnesses associated with food consumption that are monitored by health departments, including E. coli O157:H7, Campylobacter, Salmonella, Shigella, Listeria, Norovirus, and hepatitis A. For most of these pathogens, a positive lab result from a human […]

May 15, 2007

CNN Special Unit Investigation – Spinach

CNN Special Unit Investigation:  Saturday, May 19, & Sunday, May 20:  8 p.m. & 11 p.m. EST I was interviewed for this story – it will be interesting to see how much of the interview is used.

May 15, 2007

Raw oysters cause Hepatitis A among Arizonans, including Yuma County resident

It would figure that the CDC claims this to be Hepatitis Awareness Month — May 2007 Health officials are warning people not to eat raw shellfish after 13 Arizonans, one of them a Yuma County resident, contracted hepatitis A from eating uncooked oysters at Rocky Point, Son., in March. “These cases are a reminder that […]

May 15, 2007

The Science and Law of Tracking Foodborne Illness – Part 2

The Legal Process:  Tools used in evaluating claims of foodborne illness It is predictable that some people are inclined to issue claims of dubious legitimacy, or that are simply fraudulent. In our work as litigators, we see no shortage of bogus claims.   There are claims that food looked or “smelled funny,” claims of finding foreign […]

May 14, 2007

The Science and Law of Tracking Foodborne Illness – Part 1

I get asked quite often what I do and how I do it.  Below is the beginning of a ten part series that I have been working on – I hope you find it helpful. Part 1 Introduction Each year, about 76 million cases of foodborne illness occur in the United States, according to U.S. […]

May 14, 2007

Backyard Waterslide as E. coli Culprit?

Brynn Galindo of KGET Reported – Health Department identifies E. coli source Bakersfield’s recent E. coli began at a backyard waterslide, the health department has announced. Health Director Dr. B.A. Jinadu emphasized there is no continuing danger to anyone who has not yet become sick. “After a thorough investigation the Department of Public Health has […]

May 13, 2007

Son’s death from E. coli infection spurs activist

Barbara Kowalcyk (former client and friend), the former president of Safe Tables Our Priority (S.T.O.P.), a national grassroots organization dedicated to preventing foodborne illness, was interviewed by the Daily Record.  She recently co-founded a new nonprofit, the Center for Foodborne Illness Research and Prevention (CFI). Kowalcyk and her husband, Michael, came to S.T.O.P. in late […]

May 13, 2007

Attorney and food safety activist William Marler interviewed

Keith Roysdon of the Muncie, Indiana Star Press and I talked candidly about food safety last week. Here is part of the story: Companies, government must do more to increase food safety, expert says Attorney and food safety activist William Marler  [of Marler Clark in Seattle Washington] uses an alarming comparison when urging people not […]

May 13, 2007

May is Beef Month?

According to a Kansas newspaper – May is “Beef Month.” The Centers for Disease Control and Prevention (CDC) estimates that 73,000 cases of E. coli O157:H7 occur annually in the United States. Every year, 2,100 Americans are hospitalized, and 61 people die as a direct result of E. coli O157:H7 infections and its complications. A […]

May 12, 2007

Seems to be backsliding on E. coli in meat

From 1993 to 2002, most of the E. coli cases we did were from tainted hamburger.  Since 2002, most of the E. coli case have bee linked to spinach and lettuce.  Hopefully, the below reports are not a trend back in the wrong direction. Kalamazoo company recalls 129,000 pounds of beef – two sickened Davis […]

May 12, 2007

Updated Beef recalled in Arizona, Illinois, Iowa, Michigan, Minnesota, Ohio, Virginia and Wisconsin linked to illnesses in Minnesota

The meat company linked to an E. coli outbreak in the Twin Cities Minnesota is recalling 117,500 pounds of beef shipped to eight states, including Michigan, the U.S. Department of Agriculture said.  Health officials have said it appears that tainted ground beef from Lunds or Byerly’s stores sickened seven people, including three who had to […]

May 12, 2007

EDITORIAL – CHICAGO TRIBUNE

On May 31st, I have the opportunity to host Senator Durbin in Seattle – here is why I would – Great editorial from the pages of the Chicago Tribune: Durbin and the ‘food czar’ Used to be that the word “czar” conjured up images of dashing Russian royals and their glamorous trappings — Faberge eggs […]

May 11, 2007

Three cases of E. coli in Kalamazoo Michigan – Update

Three people in the Kalamazoo area have become sickened with symptoms related to E. coli. Two of those cases came from the same genetic type of bacteria.  According to Dr. Richard Tooker, the medical director of the Kalamazoo County Health Department,  these cases are a different source of contamination, compared to a recall announced Friday. […]

May 10, 2007

Beef Plant Linked To E. Coli Cases Up And Running in Minnesota

Production was continuing at the PM Beef plant linked to seven E. coli illnesses, the company said on Thursday.  PM Beef spokeswoman Lisa Hernandez said the plant is working with federal and state authorities on the matter, but in the meantime, the plant has not shut down.  State health officials said seven people were sickened […]

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