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 […]

September 26, 2018

The FDA – One Part of the Trump Administration that is Working for Consumers

I have been a frequent advocate for more transparency at the FDA when it comes to outbreaks and recalls – especially of Class I Recalls – and a frequent critic of its failure to disclose retailers – where the recalled product was sold – and its failure to disclose manufacturers – where the product was produced.  […]

Case News
September 20, 2018

Cargill E. coli O26 Illnesses in Colorado (10), Florida (15), Massachusetts (1) and Tennessee (1) – 1 Death

As of September 19, 2018, 18 people infected with the outbreak strain of E. coli O26 were reported from 4 states – Colorado (10), Florida (15), Massachusetts (1) and Tennessee (1). Illnesses started on dates ranging from July 5, 2018 to July 25, 2018. Ill people ranged in age from one year to 75, with a median age […]

E. coli
September 20, 2018

A Little Cargill History of E. coli, Salmonella and Listeria Outbreaks

Cargill Ground Beef 2018 – 17 Ill, 1 Death – E. coli O26 On Aug. 16, 2018, FSIS was notified of an investigation of E. coli O26 illnesses. FSIS, the Centers for Disease Control and Prevention, and state public health and agriculture partners determined that raw ground beef was the probable source of the reported illnesses. The […]

E. coli Salmonella
September 16, 2018

Off to IAFP in Buenos Aires Argentina this week to talk Food Safety

After speaking in Indiana last week and after speaking in Montana this week, I am off to Argentina to beat the drum on “why it is a bad idea to poison your customers,” and how to avoid litigation.

Lawyer Op-Ed
September 10, 2018

Salmonella Illnesses Prompt Egg Recall

Today the CDC reported that it, public health and regulatory officials in several states, and the U.S. Food and Drug Administration (FDA) are investigating a multistate outbreak of Salmonella Enteritidis infections. As of September 7, 2018, 14 people infected with the outbreak strain of Salmonella Enteritidis have been reported from Alabama and Tennessee. Illnesses started on dates ranging from July […]

Salmonella
September 10, 2018

Marler Clark looking for Foodborne Illness Epidemiologist

As some of the readers might know, in my spare time I am the managing partner at Marler Clark in Seattle.  Our long-time Epidemiologist, Patti Waller, has moved into semi-retirement and is running www.outbreakdatabase.com for us.  Katrina Deardorff, who has been with us for a nearly two years, has decided to take a job back in the […]

Lawyer Op-Ed
September 09, 2018

Thursday, September 13, 2018  McKinney School of Law Hall Center for Law and Health Grand Rounds Series  Foodborne Litigation

SPEAKER: William Marler, Managing Partner, Marler Clark, The Food Safety Law Firm TIME: 4:30 – 5:30 pm LOCATION: Wynne Courtroom and atrium, Inlow Hall, 530 W. New York Street, Indianapolis, IN CONTACT: Hall Center for Law and Health at centerlh@iupui.edu Please join the Indiana University Robert H. McKinney School of Law Hall Center for Law […]

E. coli Salmonella +1
September 07, 2018

Dungeness Valley Creamery Raw Milk linked to E. coli Illnesses – Again

Prior E. coli outbreak in 2009 and recall in 2013. The Department of Health cautioned consumers today to be aware of the risks of drinking raw milk especially for infants and young children, older adults, pregnant women, and people with weakened immune systems. “Raw milk doesn’t go through the pasteurization process where harmful germs and […]

E. coli HUS
September 03, 2018

World’s Largest and Deadliest Listeria Outbreak Over

South Africa on Monday declared an official end to the world’s worst recorded listeria outbreak after it killed 216 people and sickened more than 1,000 since early 2017. Health Minister Aaron Motsoaledi said no news cases had been recorded over the past three months. Health officials announced in March that they had traced the outbreak […]

Listeria
August 30, 2018

Romaine Calm, it’s not just E. coli O157 that is making us sick – Try E. coli O26 and Hamburger – Not

On Aug. 16, 2018, FSIS was notified of an investigation of E. coli O26 illnesses. FSIS, the Centers for Disease Control and Prevention, and state public health and agriculture partners determined that raw ground chuck was the probable source of the reported illnesses. The epidemiological investigation identified 18 case-patients, predominantly from Florida, with illness onset dates ranging […]

E. coli HUS
August 29, 2018

Thinking about E. coli and Romaine Today

I have been thinking today about what growers in Yuma are going to do next season?  With the FDA and CDC fingering the water from an irrigation canal that flowed by a feedlot with some 100,000 cows, you have to wonder what is going to happen next season if nothing changes?  What are grocery stores […]

E. coli HUS
August 26, 2018

NPR: Planet Money – Food Scare Squad – Romaine Calm

The big takeaway is that this outbreak was caused by an environmental contaminate – a lot of cows in a feedlot near the water source used to irrigate crops. So, if nothing changes environmentally and a similar E. coli outbreak happens, what is the responsibility of the growers, processors, shippers and “points of sale” – […]

E. coli
August 24, 2018

McDonald’s Fresh Express Cyclospora Outbreak Grows

CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration are investigating a multistate outbreak of Cyclospora infections. At this time, there is no evidence to suggest that this cluster of illnesses is related to the  Cyclosporaoutbreak linked to Del Monte fresh produce vegetable trays. As of August 23, 2018 (12pm EDT), a […]

Cyclospora
August 23, 2018

South Africa Listeria Outbreak Slows

1,060 laboratory-confirmed listeriosis cases have been reported from 01 January 2017 to 17 July 2018. The number of new cases reported each week has decreased since the implicated products were recalled on 04 March 2018 with no new cases of listeriosis reported during the week prior to release of this sitrep (Figure 1). Neonates ≤28 […]

Listeria
August 17, 2018

Free Advice to a Food Company CEO during a Listeria Outbreak – Specifically Tiger Brands – Enterprise CEO, Lawrence MacDougall – 5 Months Later

On March 17, 2018, I penned the following: (Other than Tiger Brands admitting that its product tested positive for the exact same strain of Listeria that sickened now over 1,000 and killed 200), not much.  Lawrence, I’m still willing to write the check. Imagine that the phone call comes or an email pops into your […]

E. coli Listeria
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