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 […]

April 22, 2007

FDA knew about problems tied to outbreaks

The agency acknowledged the need for change but said it couldn’t have prevented illnesses linked to peanut butter and spinach. Elizabeth Williamson of the Washington Post wrote an interesting article about what FDA may have know and if they chose to ignore problems or simply did not have the manpower or mandate to do anything […]

April 21, 2007

WRITTEN TESTIMONY BEFORE THE COMMITTEE ON ENERGY AND COMMERCE

“A Diminished Capacity: Can the FDA Assure the Safety and Security of the Nation’s Food Supply?” My name is William Marler. My law firm Marler Clark, located in Seattle, Washington, specializes in foodborne diseases, especially E. coli, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Unfortunately, we at Marler Clark have been “in business” since […]

April 21, 2007

Mr. Bill goes to Washington – Again

I’m off to Washington D.C. on Monday to attend the following hearing.  I was there in January pitching hearings on the safety (or lack of it) of our food supply.  I posted on January 5, 2007.  I am working on my written testimony and hope to post it here either later tonight or Monday.  Despite […]

April 21, 2007

E. coli’s trail ends in Merced California

E. coli and little league baseball should not mix.  I can not imagine why a system seems to use kids as guniea pigs to figure out when an E. coli outbreak is happening.  It will be interesting to see if Richwood Meat tested for E. coli prior to it being shipped to customers in at […]

April 21, 2007

Settlements reached in 3 E. coli deaths

Tom Ragan of the Santa Cruz Sentinel called yesterday asking what was the status of the Dole Spinach Litigation: The family of an 81-year-old Nebraska woman who died after eating spinach grown at a San Benito County ranch has reached an undisclosed settlement – the first announced agreement in what could be a long line […]

April 20, 2007

So, what do Napa and Pittsburgh have in common?

E. coli? Interesting stories from different coasts: Ground beef hamburger patties recalled in California A voluntary recall is underway for dozens of brands of frozen ground beef patties. State health officials said meat produced by Richwood Meat Company of Merced may be contaminated with E. coli. The meat is sold at Winco Foods, Vons, and […]

April 19, 2007

Restaurant’s Health Permit Restored After E. Coli Outbreak

KCAL SANTA ANA reported that: The health permit of a Lake Forest eatery linked to an E. coli infection outbreak, which affected 14 customers and one employee, was reinstated Thursday. The Foothill Ranch restaurant voluntarily closed on April 6, after reports that several people who ate at the restaurant from March 23-25 reported getting sick, […]

April 16, 2007

Taco Bell may pay millions to settle

Montco man, 19 others drop suits to negotiate over E. coli illnesses Patrick Lester of The Morning Call wrote this morning: A Montgomery County man and others sickened by an E. coli outbreak at Taco Bell last year could receive out-of-court settlements ranging from $25,000 to $500,000 from the fast-food restaurant chain, an attorney said.  […]

April 15, 2007

Hearings for Pets but not for People?

Karoun Demirjian of the Chicago Tribune Washington Bureau reported on a Senate hearing last week: Pet food recall has lawmakers examining flaws – Senator Durbin calls safety procedures ‘broken’ Cans of dog food and anecdotes about the family cat are usually out of place at Senate hearings, but that’s what lawmakers talked about Thursday as […]

April 13, 2007

Now, this is progress on E. coli

Produce firm names winners of E coli research grants A scientific advisory panel assembled by Fresh Express, a California produce company, has selected nine research teams to receive awards up to $250,000 each to study how to keep Escherichia coli O157:H7 from contaminating fresh produce. In January 2007, Fresh Express, which produces bagged salads and […]

April 13, 2007

Safety Questions Linger Over Pre-Washed Greens

Morning Edition, April 12, 2007 · Lettuce and spinach crops are in the ground now in California’s Salinas Valley. They’ll soon be arriving as pre-washed bagged leafy greens at your local supermarket. But after last fall’s big E. coli outbreak in spinach that sickened 200 people and killed three, the big question is, are those […]

April 13, 2007

E. coli linked to eatery is found in 15th person

From Times Staff Reports April 13, 2007 A 15th person has tested positive for E. coli linked to the outbreak originating at a Foothill Ranch restaurant, authorities said Thursday. The latest victim, a young adult who ate at the restaurant March 23, was not hospitalized, an Orange County Health Care Agency spokesman said.  Fourteen of […]

April 12, 2007

ConAgra Salmonella Tennessee Cases Grow

I have learned that the current Salmonella Tennessee case stool and urine positives (substantial numbers of ill people had urinary tract infections instead of stool cultures) have risen to 563 in 47 States.  The first reported case is in August 2006 and remaining constant, but low, through September, spiking in October, November, December and then […]

April 11, 2007

One, Two, Three Stikes Your Out Dole

Tom Ragan, Sentinel staff writer, wrote today – Leafy green growers, shippers face three strikes rule It’s three strikes or they’re out for growers, shippers or handlers who violate food safety standards designed to prevent future E. coli outbreaks.  The new policy is expected to be passed later this month in Sacramento by the California […]

April 10, 2007

Lawyers walk through Peter Pan plant

Sylvester, Georgia – Thousands of people worldwide were sickened by Sylvester produced Peter Pan and Great Value Peanut Butter and are suing ConAgra Foods. Ten attorneys were allowed inside the plant Monday to see for themselves how salmonella bacteria ended up inside peanut butter jars. Lawyers, photographers, and engineers walked the roof of ConAgra Foods, […]

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