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 […]

August 25, 2022

Yousuf Soliman and the FDA, explain why Revive pineapple and mango smoothies (with tara) have not been recalled?

Yes, the product has been pulled from the Revive website, but there has been no recall, no, “market withdraw.”  People still have this product in their freezers and have consumed them recently. People, at least 30 who have contacted me have suffered severe liver complications, including several who have had their gallbladders removed. I got this […]

Case News
August 25, 2022

Will USDA/FSIS “go all the way?” Will Salmonella someday really be an adulterant?

Borrowing a bit from Buffalo Springfield: There’s something happening here But what it is ain’t exactly clear  Tom Vilsack was a farm state governor and a presidential aspirant. I must admit, I have long been a fan, but never, ever, thought I would see him write and Op-ed that would clearly piss off the big meat […]

Salmonella
August 25, 2022

Surprising, not at all, Daily Harvest Crumbles sicken 369, hospitalizing 125 in 37 states, so says the FDA

Total Adverse Illness Events: 369*Hospitalizations: 125*Deaths: 0Last illness onset: August 9, 2022*States with Adverse Illness Events: AZ, CA, CO, CT, DE, FL, GA, IL, IN, IA, KS, MD, MA, MN, MS, MI, MO, MT, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WIProduct Distribution: Nationwide*Estimate […]

Case News
August 24, 2022

FDA, Leafy Green Industry, it is past time to get your shit together

Yet another E. coli outbreak linked to leafy greens is burning through at least four states – Ohio, Indiana, Pennsylvania and Michigan – in people that ate hamburgers – with lettuce – at Wendy’s. Hundreds are sick and those numbers will rise. There are several people – mostly kids – with hemolytic uremic syndrome (HUS). […]

E. coli HUS
August 23, 2022

Marler Clark files another E. coli Lawsuit as likely Wendy’s cases rise to 133

The size of the E. coli O157:H7 outbreak linked to Wendy’s in court states is growing. We have been retained by 10 folks in Ohio, Michigan and Pennsylvania, including 3 with hemolytic uremic syndrome (HUS). E. coli O157:H7 illnesses range from July 26th to August 8th. The CDC reports as of August 18, 2022, a total […]

E. coli HUS
August 21, 2022

I’m getting closer to finding the Grower, Processor, Shipper of the lettuce linked to the 2022 Wendy’s E. coli Outbreak

We know that Wendy’s knows, but is not yet saying – they will eventually and I continue to sue them. It is also possible the FDA knows, but also is not saying – yet. I am not that far behind. Well, we know from Wendy’s and the FDA that the likely E. coli-tainted product is […]

E. coli HUS
August 20, 2022

“Good on ya mate,” Sammy B at Daily Harvest

In 2007 I spent a month and a half traveling Australia giving speeches about “why it is a bad idea to poison you customers.” My wife, Julie, and three daughters, Morgan, Olivia and Sydney, went with me. In addition to the meat pies, Foster’e Lager, hiking to the top of Uluru, and counting all the […]

Case News
August 20, 2022

Daily Harvest: Better late than Never?

My inbox and phone blew up in the last two days after my clients received this unsolicited letter from Daily Harvest warning my clients of the danger of their product. The letter is dated July 29th, but arrived in most of my clients’ mail boxes over the last two days. Daily Harvest has once again […]

Case News
August 20, 2022

A brief Marler Clark history with Wendy’s and E. coli Lawsuits

It has been a long time since Wendy’s has been across from me in a Court – and that is a good thing for Wendy’s and its customers.  However, now with the CDC reporting nearly 40 E. coli O157:H7 cases in Ohio, Michigan, Pennsylvania and Indiana, some hospitalized and some, mostly children, developed hemolytic uremic syndrome […]

E. coli HUS
August 20, 2022

Wendy’s pulls its Romaine and Iceberg Lettuce Hybrid – Question, who grew it and where?

Yesterday the CDC reported that 37 people in four states – Ohio, Michigan, Pennsylvania and Indiana – have been sickened by E. coli O157:H7 – likely after consuming hamburgers with lettuce at area Wendy’s. County and State Departments of Health are reporting higher numbers, so expect this “fast moving” outbreak to grow over the coming […]

E. coli HUS
August 19, 2022

The “long and winding road” – Pathway of a Foodborne Illness Investigation

While I wait with the rest of you hitting refresh on the CDC website waiting on an update on the numbers ill and the cause of the “E. coli Outbreak with Unknown Food Source,” I am reminded by how many times I have been asked why it takes so long to figure these outbreaks out. […]

E. coli Listeria +1
August 19, 2022

A Bit(e) of Leafy Green E. coli History

Although the CDC is still reporting only 29 ill in Ohio and Michigan total. On the ground in the states there are different numbers. The Ohio Department of Health said cases had been reported in Wood, Lucas, Mahoning, Clermont, Cuyahoga, Franklin, Lorain, and Summit counties. Thus far Wood county has reported 20 illnesses. The Michigan […]

E. coli HUS
August 17, 2022

So, what’s the cause of the recent E. coli O157:H7 Outbreak?

Most current information: The Ohio Department of Health said that cases had been reported in Wood, Lucas, Mahoning, Clermont, Cuyahoga, Franklin, Lorain and Summit counties. Four people in Ohio have been hospitalized in connection with the outbreak, the department said.  Thus far Wood county has reported 20 illnesses. The Michigan Department of Health and Human […]

E. coli HUS
August 17, 2022

Man, the FDA is busy

New or fairy new outbreaks should remind us all how much the FDA does with the limited resources it has. Here is most of the latest: An outbreak of E. coli O157:H7 (ref# 1081) in an unidentified product was added to the table and FDA has initiated a traceback investigation. CDC has issued an Investigation […]

E. coli Salmonella +1
August 16, 2022

Ohio E. coli cases appear linked to each other

Cases of E. coli in Wood County appear to be related, according to a Tuesday update by the Wood County Health Department. Of the samples sent to Ohio Department of Health for testing, five have come back and all of those have been the same serotype, said Beth Peery, public health information and education manager. […]

E. coli HUS
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