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 22, 2019

Leafy Greens and E. coli – A Risky Mix

E. coli outbreaks associated with lettuce, specifically the “pre-washed” and “ready-to-eat” varieties, are by no means a new phenomenon. In fact, the frequency with which this country’s fresh produce consuming public has been hit by outbreaks of pathogenic bacteria is astonishing. Here are just a sample of E. coli outbreaks based on information gathered by the […]

E. coli HUS
March 22, 2019

Another Consumer with Acute Kidney Failure Linked to Spring 2018 Romaine E. coli Outbreak

Louise Fraser is a 66-year-old woman who lives in Flemington, New Jersey with her husband David. She and David have two adult children, Brian and Rebecca, who are in their thirties. Louise works in property management for Punia and Marx, Inc. On March 20, 2018, Louise purchased and consumed a Fuji Apple Chicken Salad at […]

E. coli HUS
March 17, 2019

Poppy Seeds can Kill – Manufacturers and Retailers be Forewarned

The State of Arkansas is stepping up as a leader and pushing responsible retailers to stop selling a defective and potentially deadly product. Hopefully the FDA will act as well as the DEA. Manufacturers and retailers be forewarned; if you sell this product and it causes harm, you will be held to account.  Insurers of […]

Legal Cases
March 15, 2019

I cannot think of many things I would agree with Senator Cotton on – except:

Senator Cotton Warns of Opioid Overdoses from Unwashed Poppy Seeds An opioid epidemic is sweeping the country. More than sixty thousand Americans are dying from opioid overdoses each year-more than the number of Americans who died in all twenty years of the Vietnam War. What a staggering fact that is. But behind each number is […]

Lawyer Op-Ed
March 10, 2019

What does it cost to sicken 1,034 – killing 204 – with Listeria-tainted Polony in South Africa?

No amount of money can compensate for the loss of a child or another family member.  I recall the Jensen Farms Listeria outbreak in 2011 that sickened 147, killing over 33 and the impact on the families.  All the deaths were horribly memorable, but I recall two WWII vets who survived years of war only […]

Listeria
March 05, 2019

One Year Ago Today – Tiger Brand Polony Linked to South Africa Listeria Outbreak

Following the declaration of the Listeria outbreak in December 2017, a multi-sectoral outbreak response was initiated. Findings were shared by the Minister of Health, Dr. Aaron Motsoaledi at a public media briefing on 4 March 2018 (statement available at www.nicd.ac.za), and are summarized below. In addition, the National Department of Health requested a full recall […]

Listeria
February 23, 2019

Thanks to FOIA, the CDC and FDA, the 2018 E. coli Romaine Outbreak becoming more Transparent

218 sick 28 with hemolytic uremic syndrome 5 deaths In 2018 in the United Sates, 210 people infected with the outbreak strain of E. coli O157 were reported from 36 states. 96 people were hospitalized, including 27 people who developed a type of kidney failure called hemolytic uremic syndrome (HUS). 5 deaths were reported from Arkansas, […]

E. coli HUS
February 21, 2019

Is it “reckless misconduct” to grow, process and sell romaine lettuce?

We have a romaine E. coli case in Idaho of a young man who suffered a severe case of hemolytic uremic syndrome (HUS), was hospitalized for a month and incurred nearly $250,000 in medical expenses and lost wages.  He has a risk of future kidney complications (including a transplant), but not likely to meet the […]

E. coli HUS
February 19, 2019

Foodborne Illness Litigation – The Past and the Present

I have been talking about food safety and litigation for the last few decades.  The groups I have spoken to have been all types in the food industry – from beef to leafy greens – as well as the heroes of public and environmental health.  I had a chance today  to talk to leaders in […]

Lawyer Op-Ed
February 15, 2019

279 Sick in US and 72 in Canada linked to Salmonella in Turkey

According to the CDC, since the last update on December 21, 2018, 63 ill people from 24 states, and the District of Columbia, have been added to this investigation. As of February 13, 2019, 279 people infected with the outbreak strain of Salmonella Reading have been reported from 41 states and the District of Columbia. 107 people […]

Salmonella
February 13, 2019

The FDA to Leafy Green Growers – “Please voluntarily stop poisoning your customers”

The FDA today published its “Investigation Summary: Factors Potentially Contributing to the Contamination of Romaine Lettuce Implicated in the Fall 2018 Multi-State Outbreak of E. coli O157:H7.” First, a hat tip to the FDA investigators for getting at the report critically fast and during the governmental shutdown.  It is prompt, science based, investigations that will […]

E. coli HUS
February 11, 2019

Miller’s Biodiversity Farm in Quarryville, Pennsylvania link in 19 State Raw Milk  Brucella Outbreak

The Centers for Disease Control and Prevention and state health officials are investigating potential exposures to Brucella strain RB51 (RB51) in 19 states, connected to consuming raw (unpasteurized) milk from Miller’s Biodiversity Farm in Quarryville, Pennsylvania. One case of RB51 infection (brucellosis) has been confirmed in New York, and an unknown number of people may have been exposed […]

Brucella
February 09, 2019

Hepatitis A Soars in Florida – Food Service Workers Should Vaccinate

From January 1, 2019 through January 31, 2019, 189 hepatitis A cases were reported in 26 counties. The number of reported hepatitis A cases more than doubled from 2016 to 2017 after remaining relatively stable in previous years. Case counts in January 2019 are higher than those seen in January of previous years. The number of reported […]

Hepatitis A
February 08, 2019

How is that Romaine E. coli Traceback coming along?

Lest we forget, as of June 27, 2018, 210 people infected with the outbreak strain of E. coli O157:H7 were reported from 36 states.  Illnesses started on dates ranging from March 13, 2018 to June 6, 2018. Ill people ranged in age from 1 to 88 years, with a median age of 28. Sixty-seven percent of ill people […]

E. coli HUS
January 24, 2019

Hello, Anyone there? The Government Shutdown – Month 2

I take a ferry to work guarded at times by now unpaid members of the Coast Guard.  Next week with increasing trepidation, I will go through TSA Security with more unpaid professionals on the job monitoring security to then board a plane to be routed to NYC by unpaid Air Traffic Controllers.  I am not […]

Salmonella
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