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 […]

December 30, 2021

December has been a bad month for consumers of Lettuce, Listeria and E. coli

53 sick, 30 hospitalized, 4 with kidney failure and 3 dead E. coli and Lettuce 1: As of December 29, 2021, 13 people infected with the outbreak strain of E. coli O157:H7 have been reported from six states. Illnesses started on dates ranging from November 27, 2021, to December 9, 2021. Sick people range in […]

E. coli Listeria +1
December 30, 2021

Simple Truth Organic Power Greens and Nature’s Basket Organic Power Greens linked to E. coli Outbreak

Washington – 7, Alaska – 2, California – 1, Mississippi – 1, Ohio – 1, Oregon – 1 Simple Truth Organic Power Greens and Nature’s Basket Organic Power Greens sold at grocery stores and supermarkets, including Fred Meyer, QFC, and Giant Eagle – no recall as of yet. As of December 29, 2021, 13 people infected with the outbreak strain of E. coli O157:H7 have been […]

E. coli HUS
December 27, 2021

PEW: 12 Charts Explore America’s Salmonella Problem—and Steps to Solve It Stronger rules for poultry would spur action on farms

I could not have said it better and PEW’s conclusion is spot on: Current poultry policies and regulations treat all Salmonella serotypes and strains as if they pose equal risks to people, despite science showing this is not the case. Food safety interventions on farms, such as vaccines targeting harmful serotypes, have likely contributed to […]

Salmonella
December 26, 2021

I got the best Christmas Present

I got this not from former client on Christmas Day: Merry Christmas Bill! It’s been 5 years since getting sick and this time of year I’m reminded of how thankful I am for all the good people I met since then, including you and your team. Words truly can’t do justice to how I feel. […]

Lawyer Op-Ed
December 23, 2021

Could Dole and Fresh Express face criminal charges for Listeria Outbreaks?

Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 in reaction to growing public safety demands.  The primary goal of the Act was to protect the health and safety of the public by preventing deleterious, adulterated or misbranded articles from entering interstate commerce.  Under section 402(a)(4) of the Act, a food product is […]

Listeria
December 22, 2021

CDC uncovers two Listeria Lettuce Outbreaks that have sickened at least 26, killing 3, since 2014

Over the last week both the CDC and FDA, along with various State Departments of Health and Agriculture, have been investigating two Listeria outbreaks linked to the consumption of various leafy greens.  Using Whole Genome Sequencing (WGS), product testing and clinical (human) sampling, health authorities have both determined that the source of the infection is […]

Listeria Cyclospora +1
December 21, 2021

FDA weighs in on Fresh Express Listeria Outbreak – 10 sick with 1 dead in 8 states

The following quote is attributed to Frank Yiannas, FDA Deputy Commissioner for Food Policy and Response “The FDA, along with the CDC and our state and local partners, is working to investigate a multistate outbreak of Listeria monocytogenes infections. To date, a positive sample of Fresh Express Sweet Hearts salad mix has been reported to […]

Listeria
December 11, 2021

FDA: An Independent Review of FDA’s Foodborne Outbreak Response Processes

This review is part of FDA’s “New Era of Smarter Food Safety: FDA’s Foodborne Outbreak Response Improvement Plan” that also requires a hard look and the support by those concerned about improving the safety of our food and driving the numbers of ill consumers down. Thanks to the deep dive by Craig Hedberg.  Here is […]

Lawyer Op-Ed
December 10, 2021

FDA – mystery Salmonella outbreak illnesses up, Salmonella onion and E. coli spinach outbreak ongoing

Here is the latest: 14 ill in Spinach E. coli outbreak: 892 ill in Onion Salmonella outbreak:

E. coli Salmonella
December 10, 2021

Can a restaurant be a “manufacturer” of a salad in an E. coli case?

Hell yes! Restaurants tend not to see themselves as a “manufacturer” of the food they serve – especially, when one of the ingredients – like lettuce the received from a supplier, is contaminated with a pathogen – like E. coli. But, the law treats the restaurant that makes an E. coli-tainted salad the same as […]

E. coli
December 10, 2021

“Sproutbreak” – Punitive Damages claim levied against JIMMY JOHN’s, LLC, an Illinois Limited Liability Company, and INSPIRE BRANDS, INC., a Delaware corporation

We just filed this motion to amend to add in JIMMY JOHN’s, LLC, an Illinois Limited Liability Company, INSPIRE BRANDS, INC., a Delaware corporation: This matter arises out of an outbreak of Shiga toxin-producing E. coli (STEC) O103 that occurred in the early months of 2020. After thorough investigation and laboratory testing, the Utah Department […]

E. coli Salmonella
December 09, 2021

FDA steps up to help better investigate Foodborne illness outbreaks and find root causes

FDA Issues Improvement Plan Focused on Modernizing Foodborne Illness Outbreak Responses  The following is attributed to Frank Yiannas, FDA Deputy Commissioner for Food Policy and Response,and Stic Harris, D.V.M. director of the FDA’s Coordinated Outbreak Response and Evaluation Network The U.S. Food and Drug Administration has a longstanding commitment to strengthening food safety and better […]

Lawyer Op-Ed
December 07, 2021

First talk in public in 18 months on Food Safety

Since early February 2020, I have continued to do talk on “why it is a bad idea to poison your customers,” but all have been by Zoom or some other video platform.  Today I had the honor to hang with one of my food safety heroes – Craig Wilson – from Costco.  I have known […]

Lawyer Op-Ed
December 02, 2021

Is FDA creating a HACCP for Produce? Are assessment and mitigation going to create safer produce?

“HACCP: A systematic approach to the identification, evaluation, and control of food safety hazards.”  – So says the FDA. Although today’s announcement (FDA Proposes Changes to Food Safety Modernization Act Rule to Enhance Safety of Agricultural Water Used on Produce) is a bit to fully digest in one sitting, I am intrigued by FDA’s focus […]

Case News
November 30, 2021

Guess what ruins Thanksgiving – you guessed it – Salmonella

Volume 28, Number 1—January 2022 Dispatch Salmonella Serotypes Associated with Illnesses after Thanksgiving Holiday, United States, 1998–2018 Here is the CDC’s conclusion: Salmonella Reading was the serotype most strongly associated with illness during the Thanksgiving holiday. Given the dramatic increase in turkey consumption around Thanksgiving, one might expect that serotypes we identified are primarily associated […]

Salmonella
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