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 […]

January 30, 2023

Commissioner Califf, do not just rearrange the deck chairs – do something bold – do something that will fundamentally change how food safety is done

Tomorrow is the long-anticipated day that Dr. Califf is set to announce his intentions on how or if to implement the recommendations of the Reagan-Udall Foundation panel’s review of the FDA’s human foods program. On behalf of the 48,000,000 Americans sickened by a foodborne illness yearly in the U.S. and the millions who die of […]

Case News
January 27, 2023

Putting the F – Food – back into the FDA

Dr.  Califf, I have deep admiration for your past and ongoing public service.  The hard work of trying to protect the food and drug supply in the United States is a difficult and at times thankless task.  The fact that you have taken this responsibility on more than once speaks volumes to your character. Your decision post the […]

Case News
January 25, 2023

Dr. Califf, do not accept Frank’s resignation please!

This just hit my inbox. I’ll have more to say. January 25, 2023 Dr. Califf: This letter is to inform you that I am resigning my position as FDA Deputy Commissioner for FoodPolicy and Response effective February 24. In December of 2018, I joined the FDA with the goal of helping to modernize the food […]

Case News
January 21, 2023

AFDO: The Food Safety Set: 16 People Who Have Shaped the Last 30 Years of Food Safety

In the 30 years since the Jack in the Box outbreak, food safety has come a long way. Here are some of the people who have shaped it. JANUARY FEBRUARY 2023 – https://www.qualityassurancemag.com/article/the-food-safety-set/ Food Safety Over the Last 30 Years By Steven Mandernach, executive director, Association of Food and Drug Officials When I talk to […]

E. coli Salmonella +4
January 21, 2023

Some context of Criminal Prosecutions in Food Cases

Here are some cases where prosecutors brought criminal charges: In 1998 in what the first criminal conviction in a large-scale food-poisoning outbreak was, Odwalla Inc. pleaded guilty to violating Federal food safety laws and agreed to pay a $1.5 million fine for selling tainted apple juice that killed a 16-month-old girl and sickened 70 other […]

E. coli Listeria +2
January 20, 2023

WSJ Breaking Story: Abbott Under Federal Criminal Investigation Over Baby Formula

Abbott Under Federal Criminal Investigation Over Baby Formula Michigan plant at center of probe was temporarily closed by the company last year after potentially deadly bacteria was found. https://www.wsj.com/articles/abbott-under-criminal-investigation-over-baby-formula-11674255871?mod=business_lead_pos1 The Justice Department is investigating conduct at the Abbott Laboratories infant-formula plant in Sturgis, Mich., that led to its shutdown last year and worsened a nationwide formula shortage, people […]

Listeria
January 15, 2023

Hey FDA, its been over a month, are you going to do anything with the Reagan-Udall Foundation reccomendations?

I must admit I was a bit suspect when I flew from Seattle to DC a few months ago to testify for 5 minutes before the Independent Expert Panel. Putting aside if they would pay attention to me, but would the panel take to heart the experience and thoughtfulness of all the panels and the […]

Case News
January 11, 2023

Poisoned now an Audiobook

Here is the link – https://www.audible.com/pd/Poisoned-Audiobook/B0BPKLLS2T?action_code=ASSGB149080119000H&share_location=pdp

Case News
January 04, 2023

FDA Warning Letter to Big Olaf’s – What the Hell were you doing making ice cream for little kids, pregnant women and the elderly?

Criminal sanctions – Please. Here are the low lights of the FDA Warning Letter to Big Olaf’s on December 9, 2022. According to the Centers for Disease Control and Prevention (CDC), 28 ill people from 11 states were infected with the outbreak strain of L. monocytogenes. One patient died and there was a miscarriage in […]

Listeria
January 01, 2023

Past time for a Warning Label for Sprouts?

According to the CDC, as of December 29, 2022, a total of 15 people infected with the outbreak strain of Salmonella have been reported from three states Nebraska (8), Oklahoma (1) and South Dakota (6). Illnesses started on dates ranging from December 2, 2022, to December 13, 2022 linked to SunSprout alfalfa sprouts. That number is likely […]

E. coli Salmonella +1
December 30, 2022

Some Past Sprout Lawsuits

E. coli Salmonella
December 26, 2022

National Restaurant Association, protect your members from bankruptcy, suggest hepatitis A vaccines for all restaurant workers

Famous Anthony’s “About Us” Page in its website tells the story of a family run, Roanoke institution that has been taken to its knees in bankruptcy because one employee was not vaccinated against hepatitis A. Sadder still are the 50 customers sickened, some so severely that they required liver transplants, and in four instances they […]

Hepatitis A
December 24, 2022

Dr. Esteban, all I want for Christmas, Hanukkah and Kwanzaa is for Salmonella to be an Adulterant

Dr. Jose Emilio Esteban as been appointed and confirmed as the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) Under Secretary for Food Safety.Hanukkah Dr. Esteban was appointed as Chief Scientist of the U.S. Department of Agriculture Food Safety and Inspection Service (FSIS) in August 2018. In this capacity, Dr. Esteban serves as […]

Salmonella
December 17, 2022

A little Food Safety Fiction – Sorta

A produce nightmare at retail – the only thing those consumers will remember is your father’s restaurant Your father had a great idea for a restaurant when he was still alive.  After 20 years of working seven days a week, your father built an impressive chain of ten restaurants.  The restaurants were the place where first dates […]

E. coli Salmonella +1
December 17, 2022

Another thing to worry about oysters – Vibrio parahaemolyticus

What is Vibrio parahaemolyticus? Vibrio parahaemolyticus is a Gram-negative, curved-rod-shaped mobile bacterium that inhabits marine and estuarine environments throughout the world. It is a major foodborne pathogen that causes life threatening diseases in humans after the consumption of raw or undercooked seafood.[1] Vibrio genus was first described by an Italian physician, Filippo Pacini in 1854.[2] He discovered the […]

Vibrio
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