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 […]

January 12, 2016

We Lost an E. coli Hero

Suzanne Kiner passed away late last week. During her daughter’s E. coli illness in 1993 she never left the hospital for over six months and seldom left her daughter’s bedside.  She willed her daughter to survive and to recover as much as the E. coli bacteria would allow. I will always be humbled and honored […]

E. coli HUS
January 11, 2016

On the Food Safety Merry Go Round with Chipotle, Jack in the Box and Odwalla

Seems like I have seen this all before. Friday a Chipotle stockholder brought suit against the company, filing a complaint in the US District Court for the Southern District of New York. In the complaint, the investor accused Chipotle of failing to disclose that its “quality controls were inadequate to safeguard consumer and employee health.” […]

E. coli Norovirus
January 08, 2016

Chipotle and the Terrible, Horrible, No Good, Very Bad Day

Today, watching the news of Chipotle’s spiraling stock price (down to $410 from a high of $750) and the announcement that the U.S. Attorney’s office is investigating a Norovirus outbreak last Summer in California and a Shareholder’s lawsuit being filed because investors claim that restaurant chain failed to reveal that “its quality controls were inadequate […]

E. coli Salmonella +1
January 07, 2016

How the FDA has Jurisdiction over Everything Chipotle

This policy guide sets forth the position of FDA with respect to products composed of ingredients, which were shipped in interstate commerce and were then used in the manufacture of a finished product. This policy is applicable only when the finished product has not itself been shipped in interstate commerce as defined by Section 20l(b) […]

Legal Cases
January 07, 2016

Listeria Found Again At Blue Bell Facility

Press Release from Blue Bell: As we complete our final phase of distribution, we wanted to update our loyal customers on what has been going on in our production facilities. We continue to strictly adhere to our enhanced operations, policies, employee training and cleaning procedures to help give regulatory agencies and the public assurance that […]

Listeria
January 06, 2016

Chipotle SEC 8K Discloses Possible Criminal Probe

In December 2015, Chipotle was served with a Federal Grand Jury Subpoena from the U.S. District Court for the Central District of California in connection with an official criminal investigation being conducted by the U.S. Attorney’s Office for the Central District of California, in conjunction with the U.S. Food and Drug Administration’s Office of Criminal Investigations.  The subpoena requires us to produce a broad range of […]

Norovirus
January 03, 2016

Putting Prosecuting Food Producers in Perspective

So, when to prosecute and when to not? What are the criteria, if any, that the Justice Department now uses to decide to prosecute? For those that are prosecuted, does the punishment fit the crime? And, what happens when similar “crimes” are not prosecuted at all? We have just learned that Blue Bell is now […]

Listeria
December 30, 2015

As Expected, Blue Bell Under Criminal Investigation

CBS News just reported that the Department of Justice has started an investigation into Blue Bell after their ice cream was linked to a deadly Listeria outbreak earlier this year that killed three people. Sources told CBS News that the Department of Justice is trying to determine what Blue Bell management knew about potentially deadly […]

Listeria
December 30, 2015

Health Inspector or PR Agent?

The Boston Globe reported that the head of Boston’s restaurant inspection program ate lunch at a Chipotle in Cleveland Circle on Monday afternoon to show he is confident that it is safe to dine at the location after more than 100 people got sick after eating there this month. Commissioner William Christopher, who was joined […]

Lawyer Op-Ed
December 28, 2015

How to make the Civil Justice System look even better

News from Benin makes the rough and tumble of my world look a bit better today after this tragic event. The police in Benin have confirmed the death of three persons who were allegedly shot dead by a middle-aged man identified as Onana Osua. Osua who was said to have shot six persons over alleged […]

Lawyer Op-Ed
December 27, 2015

Chipotle, with friend like this, who needs enemies?

I think Mike Adams, the “Health Ranger,” thought he might be helping Chipotle with his recent post: “ANALYSIS: Chipotle is a victim of corporate sabotage… biotech industry food terrorists are planting e.coli (sic) in retaliation for restaurant’s anti-GMO menu.” Although, I understand that people might want to deflect blame/responsibility away, however, blaming one, or six, […]

E. coli
December 26, 2015

12 Steps to Food Safety

Were I  the CEO of a 1,900-store restaurant chain with 45,000 employees (with a CEO-to-worker pay ratio of 1522:1), and just had six foodborne illness outbreaks in six months, what would I do this coming Monday morning? Frankly, with my stock price in free fall – losing $6 billion in value in less than two […]

E. coli Salmonella +1
December 24, 2015

11 Food Safety Tips for the Holidays

1.  Keep hands clean. Cooks and bakers should wash their hands before, during and after preparing food. Proper hand hygiene can get rid of most germs that cause food poisoning. It’s important for people working in a kitchen to wash their hands between tasks, particularly if they’ve been handling raw meat.  Also, do not rinse […]

Salmonella
December 22, 2015

The Chipotle Outbreak Misses Bill Keene – as do all of us

As the Chipotle E. coli O26 outbreak(s) creep(s) into its second month, I found myself thinking and talking today about Bill Keene, former Epidemiologist Extraordinaire at the Oregon Department of Public Health.  Somehow, I have to think that with the use of his “shotgun” questionnaire, we would have figured out by now what the what […]

E. coli
December 22, 2015

Did Chipotle Fire the Wrong Guy(s)?

The local Boston CBS station reports that the Boston Chipotle linked to over 150 cases of Norovirus will likely open again within days. However, a public health official said the Chipotle manager has been fired from the restaurant as a result of the outbreak. Chipotle has had six foodborne illness outbreaks in the last six […]

Norovirus
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