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 […]

March 02, 2020

COVID-19 – Coronavirus – what you need to know

Here is the most current thinking from the Pacific Northwest: COVID-19 is similar to the seasonal flu (influenza) in that: Both cause fever, cough, body aches, fatigue; sometimes vomiting and diarrhea. Both can be mild or severe — even fatal in rare cases Both can result in pneumonia Both can be spread from person to […]

Case News
February 29, 2020

More E. coli cases linked to Jimmy John’s Sprouts

As of February 25, 2020, 14 people infected with the outbreak strain of E. coli O103 have been reported from five states. Illnesses started on dates ranging from January 6, 2020, to February 11, 2020. Ill people range in age from 1 to 79 years, with a median age of 28. Sixty-two percent of ill people […]

E. coli
February 29, 2020

Hepatitis A: Two restaurants – Two different reactions – Kudos to Chili’s

Restaurants, PLEASE vaccinate your employees. According to New York press reports, the Oneida County Health Department as well as Rome Memorial Hospital are partnering to provide Hepatitis A. vaccinations to those who think they were exposed. This comes after the health department announced that an employee at Cianfroccos in Rome tested positive for Hepatitis A. […]

Hepatitis A
February 25, 2020

After multiple Jimmy John’s outbreaks the FDA warns them to fix the problems

From the FDA: Although you stated that corrective actions were implemented following the 2019 and 2012 outbreaks, you have not provided FDA with any information demonstrating long-term, sustainable corrections have been implemented throughout your organization to prevent this violation from recurring in the future.  For example, providing FDA with documentation of policies and practices demonstrating […]

E. coli Salmonella
February 22, 2020

US Hepatitis A Outbreak hits 31,220, hospitalizes 19,075 and kills 314 – Restaurants vaccinate your employees

There is not a day that goes by that that another food services worker is found positive for Hepatitis A thereby putting thousands of customers at risk. Here are the numbersL Here are the states:

Hepatitis A
February 16, 2020

Pet food with Salmonella is a problem, but Human food with Salmonella not?

The FDA is cautioning pet owners not to feed their pet’s certain Aunt Jeni’s Home Made frozen raw pet food “as it poses a serious threat to consumer and animal health” because of Salmonella Infantis contamination. The Salmonella was discovered in January when the FDA collected one retail sample of Aunt Jeni’s Home Made Turkey Dinner Dog Food.  The Salmonella was also […]

Salmonella
February 12, 2020

Outbreak of Listeriosis in South Africa Associated with Processed Meat – Scientifically linked to Tiger Brands Polony

In today’s New England Journal of Medicine – https://www.nejm.org/doi/full/10.1056/NEJMoa1907462?query=TOC Thanks to the good work of: Juno Thomas, M.D., Nevashan Govender, M.Sc., M.P.H., Kerrigan M. McCarthy, M.D., Linda K. Erasmus, M.D., Timothy J. Doyle, Ph.D., Mushal Allam, Ph.D., Arshad Ismail, Ph.D., Ntsieni Ramalwa, M.P.H., Phuti Sekwadi, M.P.H., Genevie Ntshoe, M.P.H., Andronica Shonhiwa, M.P.H., Vivien Essel, M.D., […]

Listeria
February 12, 2020

Preliminary Test results for Fresh Herbs and Avocados released by FDA

Fresh Herbs Results as of 10/1/2019 The FDA plans to collect 1,600 fresh herbs samples (761 domestic, and 839 of international origin) under this assignment. As of September 30, 2019, the agency had collected and tested 746 domestic samples (98 percent) and 468  import samples (56 percent) of the totals. The following figures summarize the […]

Case News
February 09, 2020

Jail time has ended for 2 of 5 PCA executives charged with mail and wire fraud, the introduction of adulterated and misbranded food into interstate commerce with the intent to defraud or mislead, and conspiracy

In 2013, five years after the nationwide Salmonella outbreak in 2009 that killed 9 people and sickened more than 700, the U.S. Department of Justice on Thursday announced a 76-count indictment has been filed charging four former officials of the Peanut Corporation of America (PCA) and a related company for selling Salmonella-contaminated peanut butter products. […]

Salmonella
February 01, 2020

Again, why I love my job and am so proud of the people at Marler Clark

I edited this email I recently got from a client to protect their identity. Dear Bill, What to say? Thank you so much for your tireless work on __________’s behalf. We are so grateful for your willingness to take on her case, and for the help you offered before she was even your client. We […]

Lawyer Op-Ed
January 31, 2020

Settlements reached in last cases in the 2016-2017 Soy Nut Butter E. coli O157:H7 Outbreak

In March 2017, the Centers for Disease Control and Prevention (CDC) and several state health departments attributed a multi-state outbreak of Shiga toxin-producing Escherichia coli O157:H7 to I.M. Healthy brand SoyNut Butter manufactured by Dixie Dew, sold through the World Finer and KeHe distribution network and sold at retail at Target and other retailers.[1] Outbreak […]

E. coli HUS
January 29, 2020

Frank, Rob – seriously, it is past time to be transparent – The need for Congressional Hearings!

There are few in the business of combating diarrhea that I respect more that Frank Yiannis and Rob Tauxe. I am sure that it is not reciprocated, because I am one of those “damn ambulance chasers.”  But, guys, it is past time to stop hiding foodborne illness outbreaks – regardless of the thin legal justification. […]

E. coli
January 29, 2020

Life After Listeriosis: Photo Essay – A South African Tragedy – A Search for Justice

This is a stunning piece of both journalism and photo journalism by Nomatter Ndebele and Thom Pierce of the Maverick Citizen Thank you for taking the time to tell these peoples’ stories. The victims of the 2017 listeriosis tragedy and the surviving families of those who died are taking on Tiger Brands in an effort […]

Listeria
January 25, 2020

POLITICO: Victims blame FDA for food-recall failures

‘If I had heard about the problem even one week earlier … life today would be very different.’ By CHRISTINE HAUGHNEY and POLITICO People had been getting sick from eating I.M. Healthy Original Creamy SoyNut Butter for more than two months when Peter Ebb, a 59-year-old Boston lawyer and health enthusiast, went for a run […]

E. coli HUS
January 24, 2020

A tragedy across the border – The FDA isn’t ready for the next E. coli outbreak

Leafy green vegetables have become the leading cause of E. coli poisoning. And the federal government still lacks the means, and maybe the will, to take it on. By Christine Haughney of the Boston Globe Nathan Parker slept with his son Lucas Parker on a mattress in the living room because of his medically fragile condition. […]

E. coli HUS
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