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 30, 2015

Frontline: The Trouble With Chicken – Retro Report: How Safe Is Our Food?

Its time – past time – to deem Salmonella an adulterant. https://youtu.be/DunJEu9uuu8 For some back story on foodborne illness in the United States by the Retro Report:

Salmonella
May 28, 2015

Stewart, You Are One Step Closer to Jail

AP reports today that U.S. District Court Judge Louis Sands Thursday refused to throw out criminal convictions in a Salmonella outbreak traced to Former Peanut Corporation of America after the court investigated defense attorneys’ claims of jury misconduct. Former Peanut Corporation of America owner Stewart Parnell, his food broker brother, Michael Parnell, and the former quality […]

Salmonella
May 28, 2015

Criminal Sanctions Against Producers of Adulterated Food – Who is Next?

I am working on an upcoming speech on the risk of criminal sanctions for the production and sale of adulterated food. Criminal Sanctions – A Real Risk in Food Production from Bill Marler

Case News
May 28, 2015

Another Ohio Botulism Scare

Jose Madrid Salsa of Zanesville, OH, has recalled its mild salsa because the jars are not properly sealed and therefore present a health risk. Improperly sealed jars can lead to product spoilage or contamination by the bacteria that cause botulism. Jose Madrid salsa jar lids may have been convex instead of vacuum sealed, according to […]

Botulism Clostridium
May 26, 2015

Bidart Apple’s FDA 483 – Food Prepared, Packed or Held Under Insanitary Conditions – Namely Positive for Listeria

I must admit that I have been focused on the disasters that are the recently produced 483 Inspection Reports from the three Blue Bell ice cream plants, that I hade not had a chance to review the recently received (and not publically available) 483 Inspection Report and the Establishment Inspection Report done after the CDC […]

Listeria
May 25, 2015

What is a Recall of Food?

We hear about them so often these days–recalls of all kinds of products, from foods, to medications, to kids toys–that “recall” has become a working concept in everybody’s vocabulary.  But what is a recall?  Who has the legal obligation to announce them?  And, what legal ramifications are there of being involved in one? First, despite […]

E. coli Salmonella +3
May 22, 2015

Jenis Ice Cream Learned Little In How To Prevent Listeria From 2008 FDA Inspection

In 2008 the FDA inspected Jenis plant and found: Effective measures are not being taken to exclude pests from the processing areas. Failure to provide adequate screening or other protection against pests. Employees in contact with food-contact surfaces and food-packaging materials were not maintaining adequate personal cleanliness. Plumbing constitutes a source of contamination to food […]

Listeria
May 22, 2015

So, Why Did Blue Bell Ignore FDA’s: “Guidance for Industry: Control of Listeria monocytogenes in Refrigerated or Frozen Ready-To-Eat Foods?”

Perhaps because it was “Draft Guidance” and “Contains Nonbinding Recommendations” Lets go back to February 2008 and FDA’s publication of its Draft Guidance which was published to seek comments from consumers and industry – more on that in another post. Question? Would the Blue Bell Listeria outbreak happen if the “Draft Guidance” had been final […]

Listeria
May 21, 2015

Sushi Link in Arizona, California, Illinois, Mississippi, New Mexico, South Dakota, Virginia, Washington, and Wisconsin Salmonella Outbreak

CDC is collaborating with public health officials in several states and the U.S. Food and Drug Administration (FDA) to investigate a multistate outbreak of Salmonella Paratyphi B variant L(+) tartrate(+) infections. The investigation has not conclusively identified the source of this outbreak, but most ill people interviewed reported eating sushi made with raw tuna in […]

Salmonella
May 21, 2015

Blue Bell Missed Warning Signs to Avoid Listeria Contamination, Illnesses, Recalls, Layoffs and ?

The Dallas Morning Tribune posted this morning: The FDA published the four inspection reports on its web site this morning in response to a request by The News under the Freedom of Information Act, reports that joined the three others from 2015 the FDA had previously released.  The state inspections were done under contract with […]

Listeria
May 20, 2015

Secondary E. coli Cases a Sad Fact of Outbreaks

I was watching a King 5 TV report this evening regarding the ongoing E. coli outbreak north of Seattle that has sickened dozens – some who never even attended the event (secondary cases).  The tragedy reminded me that the Centers for Disease Control and Prevention (CDC), in its journal “Emerging Infectious Diseases,” published a study […]

E. coli HUS
May 20, 2015

ConAgra’s Peter Pan on the “Hook” for $11.2 Million

AP reports again today that ConAgra Foods agreed Wednesday to pay $11.2 million, a sum that includes the highest criminal fine ever in a U.S. food safety case, to settle a federal charge that the company shipped Peter Pan peanut butter tainted with salmonella from a plant in Georgia, sickening more than 600 people and […]

Salmonella
May 19, 2015

More Criminal Charges Levied Against Another US Food Manufacturer

Are U.S. food manufacturers more at risk today of criminal charges – misdemeanor or felony – for shipping tainted products knowingly or not? AP reports today that ConAgra Foods is likely to face a misdemeanor criminal charge now that the U.S. government has completed its investigation of the company’s 2007 Salmonella outbreak and peanut butter […]

Salmonella Listeria
May 19, 2015

Supermercado Los Corrales Salmonella Outbreak Link

The Kenosha County Division of Health is currently investigating an outbreak of Salmonella in the community after receiving several reports of cases in the county. The Division of Health is investigating food purchased over Mother’s Day weekend (May 9-10, 2015) at Supermercado Los Corrales (3933 52nd Street, Kenosha 53144) in Kenosha County as a possible […]

Salmonella
May 18, 2015

Salmonella Paratyphi Outbreak Linked to Tuna Sushi

At least 50 people in the southwestern U.S. have been sickened with a rare strain of Salmonella that has been associated with consumption of raw tuna sushi in several states, according to the U.S. Centers for Disease Control and Prevention (CDC). CDC said Monday that the agency is working with public health officials in nine states to […]

Salmonella
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