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, 2015

Off to Chicago to ACI Food Safety Conference

I think this might well be my 10th ACI Conference – looks like a good one:

Lawyer Op-Ed
September 26, 2015

Bi-Costal Salmonella Outbreak Linked to Fig and Olive

Two Lawsuits filed thus far in Washington D.C. From the Los Angeles Acute Communicable Disease and Control: The Los Angeles County Department of Public Health (Public Health) is participating in a multi-state investigation of Salmonella infections among patrons of the Fig & Olive restaurant, West Hollywood. Twenty persons meeting a clinical definition for Salmonella reported […]

Salmonella
September 25, 2015

Vermont E. coli Warning

Matt Hongoltz-Hetling and Jordan Cuddemi of the New Hampshire Valley News report that Vermont Health officials are investigating a cluster of E. coli O157:H7 cases and warning physicians to watch for more cases. According to Hongoltz-Hetling, Vermont health officials are warning clinicians to be on the lookout for signs of E. coli, after at least […]

E. coli HUS
September 23, 2015

Hardee’s Should Reimburse DHEC for the Cost of 4,295 Vaccines

The South Carolina Department of Health and Environmental Control (DHEC) today announced it has provided 4,295 vaccinations through its hepatitis A vaccine clinics in Spartanburg and Greenville.  Vaccinations are being offered to individuals who might have been exposed to hepatitis A at two Hardee’s restaurants located in Spartanburg County. The restaurants are located at 12209 […]

Hepatitis A
September 22, 2015

Andrew & Williamson Fresh Produce Link in Salmonella Cucumber Outbreak in 33 States

Epidemiologic, laboratory, and traceback investigations have identified cucumbers imported from Mexico and distributed by Andrew & Williamson Fresh Produce as a likely source of the infections in this outbreak. As of September 21, 2015, a total of 558 people infected with the outbreak strains of Salmonella Poona have been reported from 33 states. The number […]

Salmonella
September 22, 2015

Criminal Justice was a Long Time Coming for Peanut Corporation of America

“If that’s not criminal behavior, I don’t know what is.” Sitting on a plane heading home to Seattle, I am still a bit stunned by the sentenced carried out yesterday in a Federal Courtroom in Georgia. I was looking for the first time I raised the issue of prosecuting Stewart Parnell. I found it in […]

Salmonella
September 21, 2015

I Knew I Heard of Andrew and Williamson Before

Today justice was served – Stewart Parnell was sentenced to 28 years in prison, his brother Michael 20 years and an employee, Mary Wilkerson to 5 years. They knowingly shipped Salmonella-tainted peanuts that sickened 714 and killed nine in 2009. But, there is still much to do. The CDC reported that as of September 15, […]

Salmonella Hepatitis A
September 21, 2015

Another Reason to Love My Salmonella Peanut Butter Clients

As we wait for sentencing, here is a letter that my clients sent to the judge: Judge Sands: We the victims of the Salmonella tainted peanut butter respectfully ask that you impose a monetary restitution fine of $500,000.00 to be split between the five defendants as you see fit. We ask these funds, if approved, […]

Salmonella
September 19, 2015

Cucumber Salmonella Lawsuits Filed in Minnesota, Arizona, California, Texas and Utah

As of September 18, 2015, Marler Clark has filed the seventh and eighth lawsuit against Andrew & Williamson Fresh Produce, Inc., a corporation based in San Diego, CA. We are representing Utah residents Meghann and Jesse Mills, on behalf of their 5-year-old child, C.M., after he fell extremely ill after consuming a contaminated cucumber that […]

Salmonella
September 18, 2015

The Sentences are Coming – Up to 9,636 Months for Stewart Parnell, 235 to 293 Months for Michael Parnell and 60 Months for Mary Wilkerson

UPDATED:  Amended Order – “The Court finds that under the United States Sentencing Guidelines, Michael Parnell’s total offense level is 38 and his sentencing guideline range is 235 to 293 months [19.6 to 24.4 years] imprisonment.” Monday the 21st of September will be the Sentencing Hearing. The Honorable Judge Sand’s Order setting forth what relevant […]

Legal Cases
September 18, 2015

A 5 Year Listeria Cheese Outbreak?

The CDC has reported that twenty-four people infected with one of the closely related Listeria strains have been reported from nine states since August 8, 2010. The number of ill people reported from each state is as follows: California (14), Colorado (1), Illinois (1), Massachusetts (2), Michigan (1), New York (2), Ohio (1), Tennessee (1), […]

Listeria
September 17, 2015

Chipotle – Where Did You Get The Salmonella Tomatoes?

Minnesota Department on Health officials have determined the cause of the recent Salmonella outbreak that was linked to Chipotle restaurants. It was the tomatoes. Chipotle said when the Salmonella Newport outbreak was first detected last week that it switched produce suppliers for its Minnesota restaurants. However, officials are still trying to confirm which farm the […]

Salmonella
September 17, 2015

Salmonella Sentencing 4 Days Away

I got the opportunity to talk with Alexandra Sifferlin of Time for her story, “When tainted peanuts could mean life in prison” about the upcoming sentencing on September 21 of Stewart Parnell and others who ran the Peanut Corporation of America. Although I will not be at the sentencing, I did have a few thoughts […]

Salmonella Listeria
September 16, 2015

Minnesota Chipotle Salmonella Outbreak Linked to Tomatoes

The Minnesota Department of Health (MDH) and the Minnesota Department of Agriculture (MDA) have identified tomatoes as the source of the Salmonella Newport outbreak that has sickened dozens of people who ate at Chipotle restaurants in Minnesota since late August. Investigators are working with state and federal partners to trace the tomatoes back to the […]

Salmonella
September 16, 2015

From Peanut Butter and Jelly to Peanut Butter and Jail

In 2009 President Obama was quoted: “At a bare minimum, we should be able to count on our government keeping our kids safe when they eat peanut butter,” the president said. “That’s what Sasha eats for lunch,” Obama said, referring to his 7-year-old daughter. “Probably three times a week. I don’t want to worry about […]

Lawyer Op-Ed
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