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 18, 2015

Failure to Disclose Positive E. coli O157:H7 Tests Prompts Recall

ZYK Enterprises, Inc. a Duvall, WA establishment, is recalling 2,522 pounds of boneless veal trim and whole veal muscle cut products that may be contaminated with  E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The following boneless veal trim and whole veal muscle cuts produced from January […]

E. coli HUS
May 16, 2015

Bad Listeria Management Causes 2850 Blue Bell Employees Out of Work

Remaining with reduced pay A couple of questions: 1.  Regarding pay, does that include CEO Kruse? 2.  Will a U.S. Attorney in Texas, Oklahoma or Alabama file criminal charges – (see below)? The Austin American Statesman reports this morning that Blue Bell Creameries is laying off 1,450 employees and furloughing 1,400 others (remaining workers will […]

Listeria
May 15, 2015

USDA Economic Research Service – Foodborne Illness Yearly Cost $15.5 Billion

Foodborne pathogens impose over $15.5 billion (2013 dollars) in economic burden on the U.S. public each year. Just five pathogens cause 90 percent of this burden. Estimates of economic burden per case vary greatly, ranging from $202 for Cyclospora cayetanensis to $3.3 million for Vibrio vulnificus. Fifteen pathogens cause 95 percent or more of the […]

E. coli Salmonella +10
May 15, 2015

E. coli O157:H7 Down – More Improvement Needed on Other Foodborne Bugs

According to the Foodborne Diseases Active Surveillance Network (FoodNet), there were a total of 19,542 infections, 4,445 hospitalizations and 71 deaths reported in 2014. Some types of infections declined, some increased, and some stayed the same. FoodNet is a collaboration between CDC, 10 state health departments, the U.S. Department of Agriculture’s Food Safety and Inspection Service […]

E. coli Salmonella +7
May 15, 2015

Salmonella Sushi Sickness Spreading in California, New Mexico and Arizona

California, New Mexico and Arizona weigh in so far. The New Mexico Department of Health, the City of Albuquerque Environmental Health Department, and the New Mexico Environment Department announced that they are jointly investigating a cluster of illness caused by Salmonella paratyphi. There have been six confirmed cases reported in New Mexico residents, with onsets […]

Salmonella
May 15, 2015

Mr. Kruse: “An Agonizing Decision” – But It Was Preventable

From a Blue Bell press release: Due to the extended timeline required to ensure the highest quality and safety of Blue Bell’s products when the company resumes production, and because supply and distribution will be limited for some time to come, Blue Bell Creameries CEO and President Paul Kruse today announced “the agonizing decision” that […]

Listeria
May 14, 2015

Blue Bell Enters Consent Decree with Texas and Oklahoma (Likely Alabama Too) To Do What It Always Should Have Been Doing – Make Safe Food

Question:  What will the Office of Criminal Investigations and the U.S. Attorneys in Texas, Oklahoma and Alabama do? I really need to get more cynical – why would you risk a 108 year old company – not to mention jail time, fines, recall costs, business loss and customer lawsuits – by failing to follow simple […]

Listeria
May 14, 2015

Blue Bell Ice Cream For Sale: Stupid Is As Stupid Does

According to ABC’s Gillian Mohney, some enterprising ice cream fans are now to turning to the black market to sell gallons of Blue Bell ice cream online after a listeria outbreak prompted a recall of the company’s products. Multiple listings for Blue Bell ice cream were posted on Craigslist with a far higher price than […]

Listeria
May 13, 2015

PBS Frontline – Takes on Salmonella, Big Chicken and the Regulators

I was proud that many of my clients played a large role is telling this sad story – The first one below is the long version, but all the links below are worth the viewing. The Trouble with Chicken Are You Handling Raw Chicken The Wrong Way? Can We Get to Zero Salmonella in Poultry […]

Salmonella
May 11, 2015

Did Major Retailers Require Third-Party Audits of Blue Bell – “Someone” Should Ask

After rereading the FDA’s inspection reports (483’s) of the three Blue Bell ice cream plants this weekend, it made me wonder – other than the random inspections done by state departments of agriculture – if Blue Bell had been required to be inspected – audited – by a private auditor – the so-called third-party audit? […]

Salmonella Listeria
May 10, 2015

What is Still Wrong with Food Safety in the U.S.?

Clyde Haberman sets the table in his Op-ed in today’s New York Times – “Action and Dysfunction in the U.S. Food Safety Effort.”  And, Retro Report serves up the video about what is still wrong with food safety in the U.S.: https://youtu.be/hRT4kxc0LhM

Attorney Videos Lawyer Op-Ed
May 09, 2015

Food Safety News Wins Five Press Awards

Food Safety News writer Cookson Beecher won five awards, all of them in the daily news category, during the May 9 Washington Press Association awards banquet at the Museum of Flight in Seattle. Four of the awards came in first place and one came in third. Here are the awards she took home: First place, […]

Lawyer Op-Ed
May 07, 2015

Paul Kruse, President and CEO of Blue Bell Ice Cream – My Advice, Get a Good Criminal Lawyer

After watching the Blue Bell Listeria Outbreak unfold over the last months – especially after reading the FDA’s 483’s, I think it is time for the President and CEO of Blue Bell to consult with criminal counsel.  True, perhaps he did not know that his Broken Arrow Plant had Listeria positives going back over years, […]

Listeria
May 07, 2015

Blue Bell Ice Cream Manufacturing – An Accident Waiting to Happen

The three Blue Bell “483’s” – Inspection Reports landed in my inbox an hour ago.  Here are the low lights: Broken Arrow, OK Observation #1:  Failure to manufacture and package foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination. Observation #2:  Failure to perform microbial testing where necessary […]

Listeria
May 07, 2015

What am I reading on the Plane to Salinas?

One would think Steinbeck, but it is Yiannas, as in Frank, VP of Food Safety at Walmart. I am off to give a speech on supply chain liability.

Lawyer Op-Ed
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