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 […]

May 08, 2016

See you in Chicago this Week at Food Safety Summit

The Food Safety Summit is a solution-based conference and expo designed to meet the educational and informational needs of the food industry including growers, processors, retailers, distributors, foodservice operators, regulators and academia. The Summit provides a 3-day comprehensive educational program to learn from subject matter experts, trainers, exchange ideas and find solutions to your current job challenges. […]

Case News
May 06, 2016

When is a CDC Reported Death not a Listeria Death? And, Lawyers complaining badly

Yesterday I was speaking to a prominent lawyer who defends companies that are caught up in foodborne illness outbreaks and the recalls of the food products that sickened consumers.  The lawyer was complaining (more on other lawyers complaining about the CDC below) about the CDC’s announcing deaths arguably related to the tainted product, specifically the […]

Listeria
May 03, 2016

Frozen Vegetables with Listeria Linked to Illnesses and Deaths in Washington, California and Maryland

Since March 2016, CDC has been collaborating with public health officials in several states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Listeria monocytogenes infections (listeriosis). Eight people infected with the outbreak strains of Listeria have been reported from three states since September 13, 2013. All eight people were […]

Listeria
May 03, 2016

After 7 with Listeria and 2 Possible Deaths, CRF Recalls Two Years of Product

CRF Frozen Foods has expanded its recall of certain frozen fruits and vegetables to include everything produced in its Pasco, WA, facility since May 2014 after learning seven people have become sick with Listeria infections. Two have died. More than 350 products sold under 42 brands are included in the recall. The products were sold […]

Listeria
April 28, 2016

Dole’s FDA 483 – Window into Lettuce Production

I always find FDA’s Form 483 Inspection Reports both interesting and educational.  It is too bad that the FDA tend to make getting copies of them difficult through requiring FOIA’s to be sent instead of simply making the investigation public. Here are the high’s and low’s of the inspection at Dole’s Springfield Ohio facility which […]

Listeria
April 23, 2016

Costco Recalls Frozen Peas Over Listeria

Costco’s recall of the Organic by Nature frozen peas from locations in British Colombia, Alberta, Manitoba and Saskatchewan comes a day after CRF Frozen Foods of Pasco, WA, recalled 15 frozen vegetable products in the U.S. and Canada. The CRF initiated the recall, which includes the Organic by Nature peas sold at Canadian Costco stores, […]

Listeria
April 21, 2016

Sprouts again Sicken Hundreds of People

South Australia Health today issued a public health warning to South Australians not to eat raw bean sprouts following a significant increase in the number of Salmonella Saintpaul cases. Over the past 11 days there have been 108 Salmonella Saintpaul cases reported. South Australia sees around 15 to 20 cases each year. Since the start […]

Salmonella
April 21, 2016

Health Drink Salmonella Outbreak “Over”

A total of 33 people infected with the outbreak strain of Salmonella Virchow were reported from 23 states. Among people for whom information was available, illnesses started on dates ranging from December 5, 2015 to March 18, 2016. Ill people ranged in age from less than 1 year to 84, with a median age of […]

Salmonella
April 19, 2016

Costco Again Offers Vaccines – Yet, No Resolution to Hepatitis A Class Action

Costco is once again offering hepatitis A vaccinations to customers/members who were potentially exposed to hepatitis A contaminated frozen berries it sold (good on ya Costco).  This time it is Canadian customers/members who purchased (and presumably consumed) Nature’s Touch Organic Berry Cherry Blend a frozen berry mix recently recalled by the Canadian Food Inspection Agency. […]

Hepatitis A
April 15, 2016

Costco Berries Sicken a Dozen with Hepatitis A

The Public Health Agency of Canada is collaborating with federal and provincial public health partners to investigate an outbreak of Hepatitis A infections in three provinces linked to the frozen fruit product: Nature’s Touch Organic Berry Cherry Blend. The Canadian Food Inspection Agency (CFIA) has issued a food recall warning advising Canadians of the recall of the frozen fruit […]

Hepatitis A
April 11, 2016

Yellow Fish Recalled over Botulism Risk

I was “asked” by a New York state court judge on Friday to be in court the next Tuesday (tomorrow) on a hepatitis A case that has been pending for some time, so when checking the weather for for the city, this recall notice popped up: A Brooklyn import-export company is recalling an undisclosed amount […]

Hepatitis A Botulism
April 06, 2016

If I were a Food CEO, this speech would keep me up at nights

PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL BENJAMIN C. MIZER DELIVERS REMARKS AT THE CONSUMER FEDERATION OF AMERICA’S 39TH ANNUAL NATIONAL FOOD POLICY CONFERENCE  Remarks as prepared for delivery  WASHINGTON, D.C. Thank you for that kind introduction.  And thank you to the Consumer Federation of America and organizers of the National Food Policy Conference for inviting me […]

Lawyer Op-Ed
April 03, 2016

34 E. coli Cases Tied to Oak Leaf Farm

The State Department of Public Health (DPH) today issued the following update on the E. coli outbreak linked to the Oak Leaf Farm in Lebanon, CT. DPH is investigating 34 confirmed cases of E. coli O157 infection linked to the farm.  The patients range in age from 10 months to 45 years, with a median age of five years.  The patients […]

E. coli HUS
April 02, 2016

Get Poisoned before it comes out as a movie

So, who plays me from 1993? Last year I offered to give a book to each new person who subscribed to my blog up to 500 – I have 100 paperback books left.  So, the next 100 new subscribers will get a free book.  Just subscribe here and email me your mailing address at bmarler@marlerclark.com. […]

E. coli
March 28, 2016

Dole Lettuce Listeria Outbreak Update

The CDC reported Eighteen people infected with the outbreak strain of Listeria have been reported from nine states since July 5, 2015. The number of ill people reported from each state is as follows: Connecticut (1), Indiana (1), Massachusetts (1), Michigan (4), Missouri (2), New Jersey (1), New York (5), Ohio (2), and Pennsylvania (1). Whole genome […]

Listeria
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