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 13, 2022

Are Michigan and Ohio E. coli cases linked? 28 people (10 hospitalized) want to know

Ohio: According to Wood County Department of Health, sixteen people in Wood County, Bowling Green, Ohio area have come down with E. coli in the past week, prompting the health department to begin investigating. From 2016 to 2020 the county only saw twenty-seven cases altogether. Those who have fallen ill range from ages 13 to […]

E. coli HUS
August 12, 2022

Looks like I may “float down to Peru”

Nearly a month ago I urged the FDA to follow Frank Sinatra’s advice to “float down to Peru.” I do not know if the FDA has, but they long ago should have. As you know, I have sued Daily Harvest, and after asking who manufactured the French Lentil + Leek Crumbles, and being rebuffed, I […]

Case News
August 11, 2022

Michigan has 9 E. coli cases and Ohio has 15 E. coli cases – are they linked?

The Ottawa County Department of Public Health is alerting the public to increasing cases of shiga-toxin producing E. coli (STEC) infections in the community. The Department is currently monitoring 9 cases of STEC, which is significantly higher than the typical number of cases reported at this time of the year. The Department is working with the Michigan […]

E. coli HUS
August 11, 2022

Hey Daily Harvest and Stone Gate, it is time to be transparent to the victims of your food

Understandably, my nearly 350 clients sickened by Daily Harvest French Lentil + Leek Crumbles (and possibly additional products) are frightened and angered by the lack of information about the contaminant in the tara, that according the the FDA, has hospitalized over 100 with symptoms consistent with acute liver failure. Dozens of people have had their […]

Case News
August 07, 2022

So, who made the Tara, Daily Harvest, Stone Gate and Revive?

At some point in the not too distant future through the process of litigation, Daily Harvest, Stone Gate and Revive will be forced to both tell me the source of the Tara (and why they used it) and to provide samples to test. It does beg the question as to why they will not willingly […]

Case News
August 07, 2022

Why has Revive NOT recalled the Mango and Pineapple Smoothies that have sickened many?

As I said the other day, for nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the over 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over 30 people that have […]

Case News
August 07, 2022

US Cyclospora cases hit 384 from May to July

The number of reported cases of domestically acquired cyclosporiasis illnesses has increased by 323 cases since the last update on June 30, 2022. Cases continue to be reported. As of July 26, 2022, 384 laboratory-confirmed cases of cyclosporiasis in people who had no history of international travel during the 14-day period before illness onset have been […]

Cyclospora
August 07, 2022

What is up with Summer Foodborne Illness Outbreaks

The FDA is investigating a new outbreak of dozens of infections caused by the Cyclospora parasite. Little information has been released, but the Food and Drug Administration is reporting that 51 people have been confirmed infected. The agency has not released any specific information about the patients such as their ages or where they live. […]

Salmonella Listeria +3
August 07, 2022

What up with the Salmonella Peanut Butter and Hepatitis A Strawberry Outbreaks

Peanut Butter: As of July 27, 2022, a total of 21 people infected with the outbreak strain of Salmonella Senftenberg were reported from 17 states. Illnesses started on dates ranging from February 20, 2022, through May 24, 2022. Sick people ranged in age from less than one to 85 years, with a median age of […]

Salmonella Hepatitis A
August 04, 2022

Big Olafs Listeria Ice Cream Outbreak now sickens 25 with 24 hospitalized, 1 death and 1 fetal loss

Outbreak update: Total Illnesses: 25 Hospitalizations: 24 Deaths: 1 Fetal Loss: 1 States with Cases: Colorado (1), Florida (13), Georgia (1), Illinois (1), Kansas (1), Nebraska (1), Massachusetts  (2), Minnesota (1), New Jersey (1), New York (2), and Pennsylvania (1). Product Distribution: FL, OH Distribution has been confirmed for states listed, but product could have been […]

Listeria
August 01, 2022

Nestlé Fraîch’Up Buitoni® brand Pizza 2022 E. coli outbreak likely sickened nearly as many as the Jack in the Box E. coli outbreak of 1992-1993

Update on May 4, 2022 on the grouped cases of hemolytic uremic syndrome and E. coli infections producing shiga-toxin and the consumption of frozen pizzas from the Nestlé Fraîch’Up range of the Buitoni® brand. Note – only a bout 5 to 10 percent of those diagnosed with E. coli infections develop a potentially life-threatening kidney […]

E. coli HUS
August 01, 2022

Salmonella declared an Adulterant in certain raw Chicken products – a Baby Step, but a Step forward nonetheless

The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) is announcing that it will be declaring Salmonella an adulterant in breaded and stuffed raw chicken products. “Food safety is at the heart of everything FSIS does,” said Agriculture Secretary Tom Vilsack. “That mission will guide us as this important first step launches a broader […]

Salmonella
July 29, 2022

FDA, CFIA, what the hell are you doing?

Over the last 30 years I have gotten to know many that work or worked at both the FDA and CFIA.  I have supported their work and have spoken at many of their conferences.  However, shocked and disappointed are too light of words to describe their failure to live up to their Mission Statements: The Food and […]

Case News
July 28, 2022

In my opinion – it is criminal not to recall Revive Pineapple & Mango Smoothies

Mr. Revive, what the hell are you thinking? Where are United States and Canadian health officials? As I said the other day, for nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the nearly 350 Daily Harvest […]

Case News
July 28, 2022

Hey, FDA and CFIA, why no recall of Revive Pineapple & Mango Smoothies – there are dozens ill? Daily Harvest French Lentil + Leek Crumbles now at 329 “adverse illness events” with 113 hospitalized

For nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the nearly 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over two dozen people that have suffered acute liver failure linked […]

Case News
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