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 […]

October 15, 2022

November 3, 2022 – FSIS – Virtual Public Meeting on Reducing Salmonella in Poultry – Show up – Don’t be Chicken

DATE AND TIME November 3, 2022, from 10:00 A.M. to 4:00 P.M. ET The Food Safety and Inspection Service (FSIS) is considering a regulatory framework for a new strategy to control Salmonella in raw poultry products and more effectively reduce foodborne Salmonella infections linked to these products. This framework identifies the key elements that the Agency is currently considering […]

Salmonella
October 14, 2022

“The times they are a changing?” with Salmonella, Poultry and the FSIS

Borrowing a bit from Dylan. We shall see if this new move from FSIS is more aspirational or more realistic. However, despite not have any clear time lines or regulations, things I never thought I would hear from the USDA/FSIS: 23% of foodborne Salmonella illnesses are attributable to poultry consumption. … Considering requiring … incoming […]

Salmonella
October 13, 2022

An Ice Cream Listeria Tragedy

Mary Kay Billman Mrs. Billman ate ice cream at the 3350 Bahia Vista in Sarasota, Florida location on January 2022, and died of a Listeria infection on January 29, 2022.  She left a husband, children and grandchildren. Mrs. Billman fell ill on or around January 27, 2022, with symptoms consistent with Listeria. Mrs. Billman was admitted to […]

Listeria
October 08, 2022

Lucky Ladd Farms linked to tragic E. coli Outbreak sickened 14, killing 1

The Tennessee Department of Health recently released a report from last Summer’s tragic E. coli O157:H7 Outbreak linked to goat contact. I sadly need to update www.fair-safety.com. Full disclosure, we are representing two families. Background On Wednesday, June 22, the Tennessee Department of Health (TDH) was notified of an ill child hospitalized in Florida with […]

E. coli HUS
October 08, 2022

If history is a guide, no obvious common link between E. coli O121 and Falafel

As of October 7, 2022, 20 people infected with the outbreak strain of E. coli O121 have been reported from 6 states – Michigan, Wisconsin, Iowa, Ohio, Kansas and Florida. Illnesses started on dates ranging from July 13, 2022, to September 13, 2022. Sick people range in age from less than 1 to 71 years, with a […]

E. coli HUS
October 07, 2022

Another frozen berry Hepatitis A outbreak – this time New Zealand

Officials in New Zealand investigating Hepatitis A cases linked to berries have identified a connection with a past outbreak in Europe. There are 12 hepatitis A infections from eating frozen berries in New Zealand. Eight have been linked by genetic sequencing, meaning they were likely exposed to the same source of the virus. Seven people […]

Hepatitis A
October 06, 2022

Mystery Cantaloupe Salmonella Typhimurium Outbreak sickens 87 in US

No details about those sickened, no details about the grower, processor or seller, and no details about the conditions that allowed for the contamination? Where is the “root cause analysis?” I have a word for the FDA and CDC – “Transparency.” Thanks to Food Safety News for reporting this out: The FDA has determined an […]

Salmonella
October 04, 2022

You have to be Shitting me! Kuntry Gardens using human waste on fields where produce grown?

The Michigan Department of Agriculture and Rural Development (MDARD) is advising consumers not to eat any Kuntry Gardens produce or products containing produce from Kuntry Gardens of Homer, MI, as it may be contaminated with raw, untreated human waste. All product is expected to be labeled under the name Kuntry Gardens. During a routine produce […]

E. coli Norovirus +3
October 04, 2022

Some quotable quotes

“Bill Marler, the Seattle lawyer who represented hundreds of victims in the Jack in the Box food poisoning case in the 1990s, was outraged by the avoidable tragedy that sickened 700 and claimed the lives of four children. He courted the media to get the E. coli bacteria on the agenda of policymakers — and […]

E. coli Salmonella
September 29, 2022

My 5 Minutes with the FDA

Its a long flight from the “other Washington” for my 5 minutes of testimony before the Reagan-Udall Foundation for the FDA’s Independent Expert Panel, but here it is: In the nearly 30 years that I have been coming to Washington D.C. on food safety issues, there has always been a discussion about how best to […]

E. coli Salmonella
September 27, 2022

Oh No – Candy Corn

Arcade Snacks of Auburn, MA is recalling its 15 ounce packages of Candy Corn because they may contain undeclared egg. People who have allergies to egg run the risk of serious or life-threatening allergic reaction if they consume these products. Candy Corn was distributed in Massachusetts and Connecticut at the following locations: Johnson Roadside Farm […]

Case News
September 19, 2022

Stakeholder Input Sought in Evaluation of FDA Human Foods Program

Public Meeting Registration and Online Stakeholder Portal Now Open The Reagan-Udall Foundation has opened a Stakeholder Portal to collect perspectives and experiences with FDA’s human foods program. In addition, the Foundation announced a public meeting of its food-focused Independent Expert Panel.  The Expert Panel wants to hear directly from stakeholders,” said Jane E. Henney, MD, […]

Case News
September 16, 2022

FDA has its hands full with 10 open investigations

A new outbreak of infections from Listeria monocytogenes has been reported by the FDA, bringing the agency’s number of open investigations to 10. The Food and Drug Administration reports that it has begun on-site inspection and sample testing, but it has not found a specific source for the Listeria. It has not initiated traceback efforts. The agency […]

E. coli Salmonella +2
September 14, 2022

Salmonella outbreak perking in Pennsylvania

We are tracking an outbreak of at least two people who dined at the same nationwide chain restaurant on the same day in Western Pennsylvania. More to come.

Salmonella
September 14, 2022

Settlement reached in Acute Kidney Failure case linked to 2017/2018 E. coli Outbreak

The December 2017 Cluster  In late 2017, three cases of E. coli O157:H7 were reported in Wisconsin. These Wisconsin cases were found to have genetic fingerprints that matched each other, which was an essentially definitive signal to investigating epidemiologists that the cases of illness had a common source. Wisconsin state health officials determined that this cluster was […]

E. coli HUS
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