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 […]

March 06, 2015

Time for a Single Food Safety Agency?

In 2009, during yet another foodborne illness outbreak, which had killed nine and sickened over 700 with Salmonella, our new President stated: At a bare minimum, we should be able to count on our government keeping our kids safe when they eat peanut butter…. That’s what Sasha eats for lunch…. Probably three times a week. […]

Salmonella Listeria
March 05, 2015

Food Law: 2015 Seattle University Law Review Symposium

Re-Tooling Food Law: How Traditional Legal Models Can Be Re-Tooled For Food System Reform. Friday, March 06, 2015 9:00 AM – 3:30 PM (Pacific Time) Seattle University 901 12th Avenue Sullivan Hall Seattle, Washington 98122 United States Map and Directions 4.0 General CLE Credits, approved | WSBA Activity ID #394410 8:30AM Registration and Breakfast 9:00 […]

Case News
March 03, 2015

Will Litigation Be The Tipping Point For Adopting E. coli Vaccines For Cattle?

Recently, a Kansas State University Study examined again the effectiveness, through vaccination, of reducing pathogenic E. coli shedding in cattle. Schroeder, Ted C and Tonsor, Glynn T (2015) Agricultural and Food Economics: Market impacts of E. Coli vaccination in U.S. Feedlot cattle 3:7. This commercially available intervention has been used sparingly since 2010. But although […]

E. coli HUS
March 02, 2015

Why Grocery Stores Really Don’t Give a Damn About Food Safety

The next time you walk down the produce aisle (with your kids in tow) picking out fruits and vegetables to feed your family, ask yourself the question I ask myself when I do the same: “Does this grocery store – locally, regionally or world-wide owned – really care if what it sells you has a […]

Legal Cases
February 28, 2015

Regulation, Not Litigation, Is Likely Solution to the Mad Cow

In recent years, “mad cow” disease has created considerable confusion for American consumers as it has grabbed headlines, thanks to several now infamous North American bovines – including two recently found in Canada. The question in many minds is whether litigation will follow. Many Americans reflexively assume it will; after all, Products Liability 101 teaches […]

E. coli Salmonella
February 26, 2015

73% of England’s Chickens In Retail Have Campylobacter

The United Kingdom’s Food Standards Agency (FSA) today published the latest set of results from its year-long survey of Campylobacter on fresh chickens at retail. The results to date show: 19% of chickens tested positive for Campylobacter within the highest band of contamination. 73% of chickens tested positive for the presence of Campylobacter. 7% of […]

Campylobacter
February 25, 2015

USDA Secretary Vilsack Moves on Food Safety Rules

“We’re going to move the timeline up,” Vilsack told Rep. Rosa DeLauro, D-Conn. Phil Brasher reports that special safety labels for mechanically tenderized meat are likely to take effect as soon as 2016, two years earlier than expected, Agriculture Secretary Tom Vilsack told lawmakers. At a hearing with the House Agriculture Appropriations Subcommittee, Vilsack said […]

Case News
February 24, 2015

FDA, CDC and FSIS – Food Sickens and Kills

The FDA, CDC and the USDA’s FSIS today released a report on the new method for analyzing outbreak data to determine which foods are responsible for illness related to four major foodborne bacteria. The report, titled “Foodborne Illness Source Attribution Estimates for Salmonella, Escherichia coli O157 (E. coli O157), Listeria monocytogenes (Lm), and Campylobacter using […]

E. coli Salmonella +2
February 21, 2015

Marler Clark Attorneys, Bill Marler and Denis Stearns to Teach LL.M. Class in Arkansas

Reception in their honor Monday February 23 Join us Monday, February 23 for a reception in honor of our guest and visiting professor, Bill Marler and his law partner Denis Stearns.  Bill and Denis will be here teaching a condensed course for us,  Food Safety Litigation, Monday and Tuesday. The reception will be Monday evening […]

Case News
February 19, 2015

Virginia Cucumbers Link in 2014 Salmonella Outbreak

MMWR reported today: In August 2014, PulseNet, the national molecular subtyping network for foodborne disease surveillance, detected a multistate cluster of Salmonella enterica serotype Newport infections with an indistinguishable pulse-field gel electrophoresis (PFGE) pattern (XbaI PFGE pattern JJPX01.0061).* Outbreaks of illnesses associated with this PFGE pattern have previously been linked to consumption of tomatoes harvested […]

Salmonella
February 17, 2015

Shhh, Don’t Tell Anyone the Sun Shines in Seattle

Great place to have a cup of coffee and watch the sun rise.

Case News
February 16, 2015

Delis can be Deadly – with Listeria

Purdue University research shows that standard cleaning procedures in retail delis may not eradicate Listeria monocytogenes bacteria. A study led by Haley Oliver, assistant professor of food science, found that 6.8 percent of samples taken in 15 delis before daily operation had begun tested positive for Listeria monocytogenes   In a second sampling phase, 9.5 percent […]

E. coli Salmonella +1
February 14, 2015

Why I Work Saturdays

Being at the office on a Saturday allows for a bit of catch up after a week of traveling (and hand surgery).  Today is a day to double-check that all the t’s are crossed and i’s dotted in finalizing the Listeria Cantaloupe Litigation.  After three years, five months and one day, I am glad for […]

Listeria
February 13, 2015

Granny Smith and Gala Apples Link in 12 State and Canadian Listeria Outbreak

CDC collaborated with public health officials in several states and with the U.S. Food and Drug Administration (FDA) to investigate an outbreak of Listeria monocytogenes infections (listeriosis). Joint investigation efforts indicated that commercially produced, prepackaged caramel apples made from Bidart Bros. apples were the likely source of this outbreak. Public health investigators used the PulseNet […]

Listeria
February 11, 2015

King 5 News – Washington thirsty for raw milk despite warnings

More on the risks of raw milk sales.

Legal Cases
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