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 […]

April 07, 2019

My bet vaccinating employees for Hepatitis A looks very good at this point

Western Sizzlin’ in Ooltewah Tennessee closing due to Hepatitis A In March, an employee at the Western Sizzlin’ in Ooltewah was diagnosed with hepatitis Aand on one Sunday, the health department gave out over 500 Hepatitis A vaccines.  Now the restaurant is closing. A sign on the door explains that since the diagnosis was announced, “patronage […]

Hepatitis A
April 06, 2019

It is Irresponsible for Restaurants to not offer Hepatitis A Vaccines to Employees

Or, ignore the issue, sicken your customers and be assured, you will be sued. Fact from the CDC: “Since the hepatitis A outbreaks were first identified in 2016, more than 15,000 cases, 8,500 (57%) hospitalizations, and 140 deaths as a result of hepatitis A virus (HAV) infection have been reported.” True, some of the above […]

Hepatitis A
April 06, 2019

Washington Post: Dozens of People Are Falling Ill Across 5 States in a Mysterious E. Coli Outbreak

MICHAEL BRICE-SADDLER, THE WASHINGTON POST 6 APR 2019 The Centers for Disease Control and Prevention said Friday it has yet to determine the source of an E. coli outbreak that has infected 72 people in five states — an admission one expert in food-borne illness called “perplexing,” considering how many have become sick. The recent spate of […]

E. coli HUS
April 05, 2019

Unknown source of E. coli O103 sickens 72 in Georgia, Kentucky, Ohio, Tennessee and Virginia

CDC, several states, the U.S. Department of Agriculture’s Food Safety and Inspection Service, and the U.S. Food and Drug Administration are investigating a multistate outbreak of Shiga toxin-producing E. coli O103 infections. This investigation includes E. coli O103 infections recently reported by the Kentucky Department of Public Health. Public health investigators are using the PulseNet system to identify illnesses that may be […]

E. coli HUS
April 04, 2019

Kentucky, Tennessee, Georgia, Ohio and Virginia linked in growing E. coli O103 Mystery

Two more cases added today and 1 state.  Indiana may have a case too. According to the Kentucky Department of Health and press reports, an E. coli outbreak in Kentucky has now doubled to more than 40 cases. The department confirmed Thursday that Kentucky now has at least 46 cases involving a strain of E. […]

E. coli HUS
April 03, 2019

CSPI Urges FDA, DEA to Crack Down on Sale of Contaminated Poppy Seeds

At Least 12 U.S. Deaths Are Associated with ‘Tea’ Made with Poppy Seeds or Pods The Center for Science in the Public Interest today is calling on the Food and Drug Administration and the Drug Enforcement Administration to crack down on the sale of contaminated poppy seeds and seed pods in the wake of at least 12 […]

Lawyer Op-Ed
March 29, 2019

Is there a growing E. coli O103 Outbreak?

The Kentucky Department for Public Health is warning people about a sudden increase in E. coli O103 cases.  Kentucky is now reporting 20 ill but not the possible source, however, apparently there are three additional cases in Ohio, Indiana and Tennessee. The cases in Kentucky were reported between March 5 and 25. Health officials noted […]

E. coli
March 27, 2019

A Chick-Fil-A E. coli Cluster linked to Romaine

Eunice Cintron is a 23-year-old woman residing in North Highlands, California. She is among those who became severely ill after consuming E. coli contaminated romaine lettuce. On April 9, 2018, Eunice purchased and consumed a Spicy Southwest salad containing E. coli contaminated romaine lettuce from the Chick-Fil-A located at 4644 Madison Ave, Sacramento, California. Eunice Cintron […]

E. coli Clostridium
March 27, 2019

Over 100 Sickened with Shigella at August Oregon Wedding

BACKGROUND On August 14, 2018, the Oregon Health Authority (OHA) and Yamhill County Health and Human Services (YCHHS) independently received reports of persons with gastrointestinal illness days after attending a wedding and reception in Yamhill County on August 11. Over the next two days, additional wedding attendees reported gastrointestinal illness. OHA notified the Multnomah County […]

Shigella
March 25, 2019

A Lawyer’s Lawyer and a Gentleman’s Gentleman

An ode to Joe Bottiglieri was posted on his firm’s website today. With profound sadness we let you know that our dear friend and partner, Joe Bottiglieri, died after a tragic accident last week. Joe had been with Bonner Kiernan since it was founded in 2001, and was with our predecessor firm since 1996. He […]

Lawyer Op-Ed
March 25, 2019

403 reasons that Salmonella should be deemed an Adulterant

A few days ago I posted “Seriously, FSIS and Congress, it is time to deem Salmonella an Adulterant.”  The CDC just before called the JBS outbreak Salmonella Newport outbreak “over” after 403 people were sickened. A total of 403 people infected with the outbreak strain of Salmonella Newport were reported from 30 states. Illnesses started on dates […]

Salmonella
March 24, 2019

Another E. coli Cluster linked to Yuma Romaine

Ethan Kilbourne is a now 18-year-old young man residing in Acworth, Georgia with his mother, Maria, and 14-year-old sister, Carmela. Unfortunately, at the age of 17, he was one of the many individuals who contracted a deadly E. coli O157:H7 illness after consuming what he believed to be a healthy and nourishing food option: romaine […]

E. coli HUS
March 23, 2019

Seriously, FSIS and Congress, it is time to deem Salmonella an Adulterant

According to Food Safety News article this morning, the CDC says a Salmonella outbreak traced to ground beef from the world’s largest beef producer is technically over, but there is a continuing threat because unknowing consumers likely still have some of the implicated meat in their home freezers. Epidemiologic, laboratory, and traceback evidence indicates that […]

Salmonella
March 22, 2019

So, why again is Salmonella NOT an adulterant in ground beef?

A total of 403 people infected with the outbreak strain of Salmonella Newport were reported from 30 states. Illnesses started on dates ranging from August 5, 2018 to February 8, 2019. 117 people were hospitalized. No deaths were reported. Epidemiologic, laboratory, and traceback evidence indicated that ground beef produced by JBS Tolleson, Inc. was a likely source of […]

Salmonella
March 22, 2019

Another 2018 cluster of Romaine E. coli cases – this time Phoenix Arizona

Lawrence J. O’Connor is a 70-year-old gentleman residing in Beresford, South Dakota with his wife Ruth. Lawrence and Ruth were visiting his daughter in Phoenix, Arizona for a few weeks when they decided to go out for dinner. On Friday, March 23, 2018, the two went to dinner at Red Lobster located at 7921 W. […]

E. coli
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