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 […]

July 19, 2018

Salmonella Tainted Raw Turkey Sickens 90 in 26 States

Ninety people infected with the outbreak strain of Salmonella Reading have been reported from 26 states. Forty people have been hospitalized. The outbreak strain of Salmonella Reading has been identified in samples from raw turkey pet food in Minnesota, from raw turkey products from 19 slaughter and 6 processing establishments, and from live turkeys from several states. The samples collected […]

Salmonella
July 12, 2018

Dr. Scott Gottlieb: It is time for the FDA to be transparent about where the Kellogg’s Honey Smacks cereal was sold

Yesterday I suggested that the FDA’s Dr. Scott Gottlieb should be a bit more transparent on who produced, processed, transported and sold the E. coli tainted romaine.  Today, the FDA notes that retailers are still selling Salmonella tainted Kellogg’s Honey Smacks cereal (See below) The FDA has become aware that recalled Kellogg’s Honey Smacks cereal are […]

E. coli Salmonella
July 11, 2018

Dr. Scott Gottlieb: It is time for the FDA to be transparent about the Romaine E. coli Outbreak

Here is what the FDA has told the public thus far about the source of the 2018 Yuma Romaine Lettuce Outbreak that has sickened over 200 in the US and Canada and killed 5 in the US: Eventually, at least for the 105 people who have hired us, we will fill in all the blanks. […]

E. coli
July 08, 2018

Do Lawsuits Play a Productive Role in Advancing Food Safety?

I am off to IAFP in the morning to Salt Lake City to participate on this panel discussion on Tuesday AM.  I look forward to a reasoned and lively discussion.

Legal Cases
July 04, 2018

POLITICO – Victims blame FDA for food-recall failures

Thanks to my great clients for being willing to tell their stories.  It put what the FDA does – and does not do – in context. 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 Peter Ebb holds […]

E. coli HUS
June 30, 2018

1,053 Sick and 212 Dead from Tiger Brand Polony

1,053 cases have been reported from 01 January 2017 to 20 June 2018. The number of new cases reported each week has decreased since the implicated products were recalled on 04 March 2018 (Figure 1). Neonates ≤28 days of age are the most affected age group, followed by adults aged 15 – 49 years of […]

Listeria
June 28, 2018

FDA: What Canal did the Positive E. coli O157:H7 samples come from? With Updated Trace Forward and Trace Back – Again

The CDC reports today that 210 people in 36 states have become ill with the outbreak strain of E. coli O157:H7. These people reported becoming ill in the time period of March 13, 2018 to June 6, 2018. There have been 96 hospitalizations and five deaths. There are cases in 36 states: Alabama (3) Alaska (8), Arkansas […]

E. coli HUS
June 28, 2018

Yuma Irrigation Canal Link in Deadly Romaine Lettuce E. coli Outbreak

Given the size of the outbreak, at least 218 in the US and Canada, and the number of unnamed farms and fields implicated, I am not surprised that the source of the outbreak was broad environmental contamination – like water.  As a study that was performed in the Yuma growing area from 2007-2009 said: “Despite […]

E. coli HUS
June 27, 2018

Romaine Lettuce Outbreak Expected to Rise

Canada called the imported romaine lettuce E. coli outbreak over after eight people were sickened.  It is expected that the CDC will update the US part of the outbreak in the morning.  The numbers of ill are likely to be far above 200 and the number of deaths may likely rise as well.  Those with […]

E. coli HUS
June 23, 2018

Build a Wall? To keep out US Produced Food?

The Mexican federal consumer protection agency has issued a warning about the possible presence of salmonella in boxes of Kellogg’s Honey Smacks cereal. The warning from the Federal Consumer Protection Agency in Mexico (Profeco) comes almost a week after the first reports of the contaminated cereal, manufactured and packaged in the United States, began to […]

Salmonella
June 19, 2018

10 things Food Safety Expert, Bill Marler, does not eat

With 25 years of food litigation experience, I have been a part of every major foodborne illness outbreak. This is a list of what I refuse to eat. 10 things Food Safety Expert, Bill Marler, does not eat from Bill Marler

Case News
June 14, 2018

Salmonella Outbreak Linked to Kellogg’s Honey Smacks Cereal

As of June 14, 2018, 73 people infected with the outbreak strain of Salmonella Mbandaka have been reported from 31 states. A list of the states and the number of cases in each can be found on the Case Count Map page. Illnesses started on dates from March 3, 2018, to May 28, 2018. Ill people range in age […]

Salmonella
June 14, 2018

Kudos to FDA for being Transparent on Retail Recalls

I have no idea if this is a change of policy – but it should be.  I have been complaining a bit over at www.foodsafetynews.com about the FDA not being as transparent as it should when it comes to recalls.  So, when it does it right, you have to give credit where credit is due. […]

Salmonella
June 11, 2018

FDA and the Need for Transparency – The FDA as “Chicken Little”

After 25 years doing food litigation, I am seldom surprised by the announcement of a foodborne illness outbreak.  It was no different last Friday when the Indiana Department of Health announced a multi-state Salmonella outbreak linked to cut fruit – mainly melons sold at large retailers in several states.  People in government or in various […]

Salmonella E. coli
June 08, 2018

60 with Salmonella in Illinois, Indiana, Michigan, Missouri, and Ohio

The Centers for Disease Control and Prevention (CDC) is reporting 60 cases from five states – Illinois, Indiana, Michigan, Missouri, and Ohio. The CDC investigation indicates pre-cut melons, including fruit salads, are a likely source of this multistate outbreak.  SpartanNash appears to be the supplier and processor, but may be named under Renaissance or Caito Foods. “The […]

Salmonella
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