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 06, 2014

283 with Norovirus from Kansas Jimmy Johns

Kansas Department of Health and Environment (KDHE) has confirmed norovirus as the cause of an outbreak of gastrointestinal illness associated with Jimmy John’s Gourmet Sandwiches restaurant in Garden City, Kan. Norovirus was detected by the Kansas Health and Environmental Laboratories at KDHE in clinical specimens from three people associated with the outbreak. KDHE has been […]

Norovirus
January 04, 2014

How to Break a Foodborne Illness Story

Daily, weekly, monthly and yearly, people get sick from eating food. The Centers for Disease Control and Prevention (CDC) estimates that at least 48 million of us get sick each year, with 125,000 hospitalizations and 3,000 deaths. Many of those sickened are the “canaries in the coal mine” – people who are the first to […]

E. coli Salmonella +3
January 03, 2014

The Cultured Kitchen linked to three state Salmonella Stanley outbreak

The CDC reports a total of 14 persons infected with the outbreak strain of Salmonella Stanley have been reported from three states. Most of the ill people have been reported from California (85%). The number of ill persons identified in each state is as follows: California (12), Nevada (1), and Wyoming (1). One ill person […]

Salmonella
December 31, 2013

California Links Salmonella to Cashew Cheese

California Department of Public Health (CDPH) Director and State Health Officer Dr. Ron Chapman today warned people not to eat cashew cheese products manufactured by The Cultured Kitchen because they may be contaminated with Salmonella. Fifteen cases of illnesses have been reported in the Western United States, with twelve of the cases occurring in California. […]

Salmonella
December 30, 2013

Three Sick with E. coli – Two with HUS – in North Carolina

The Davidson County Health Department is investigating reports of illness in three children likely due to E. coli infection, the agency said this afternoon. Two Tyro Middle School students have been hospitalized with recent bouts of severe bloody diarrhea. It is reported that they suffer from hemolytic uremic syndrome (HUS).  A case of E. coli […]

E. coli HUS
December 27, 2013

Another Outbreak at a Jimmy Johns

The Finney County Health Department, along with the Kansas Department of Agriculture (KDA) and the Kansas Department of Health and Environment (KDHE), continues investigating an outbreak of gastrointestinal illness that appears to be associated with the Jimmy John’s Gourmet Sandwiches restaurant in Garden City, Kan. The Finney County Health Department and KDHE are contacting diners […]

Norovirus
December 23, 2013

Last Minute Stocking Stuffer – Get Poisoned for Christmas – or the New Year

Perhaps it might be too late to get Poisoned for Christmas, but perhaps for the New Year?  Subscribe to Marler Blog, or follow me on Twitter, and I will send you a paperback for free.  Just email me your mailing address at bmarler@marlerclark.com.

Case News
December 22, 2013

My 5,000th Blog Post – Ode to the Beef Industry

In 2002, I wrote an Op-ed for the Denver Post entitled: “Put me out of business. Please.” For this trial lawyer, E. coli has been a successful practice – and a heart-breaking one. I’m tired of visiting with horribly sick kids who did not have to be sick in the first place. I’m outraged with […]

E. coli Salmonella +2
December 19, 2013

Foster Farms Chicken Sickens 416 Customers – A Bit(e) of History of Salmonella as a Non-Adulterant

In two outbreak in 2013 at least 550 sickened and it could be 38.5 times that.* In the second Foster Farms outbreak of 2013, the CDC reports a total of 416 individuals infected with the outbreak strains of Salmonella Heidelberg have been reported from 23 states and Puerto Rico. Most of the ill persons (74%) […]

Salmonella
December 18, 2013

Consumer Reports: Potentially Harmful Bacteria Found on 97% of Chicken Breasts Tested

About half of samples tested had at least one bacteria resistant to three or more classes of antibiotics; bacteria were more resistant to antibiotics approved for use in chicken production In its most comprehensive tests of meat and poultry to date, Consumer Reports found bacteria that could make consumers sick on nearly all of the 316 raw chicken breasts purchased at […]

E. coli Salmonella +2
December 18, 2013

Federal Partners to Present Webinar on Progress toward Attribution of Foodborne Illness

The U.S. Food and Drug Administration (FDA), the Centers for Disease Control and Prevention (CDC) and USDA’s Food Safety and Inspection Service (FSIS) will present a webinar on progress toward attributing foodborne illnesses to food sources on Friday, January 10, from 2 p.m. to 3 p.m. (EST). The webinar, titled “Are Outbreak Illnesses Representative of […]

Case News
December 18, 2013

Join in CDC Food Safety Chat Today

Chefs and home cooks bring their best goodies to the table during the holidays. But no one wants a bout of food poisoning or too many unhealthy party snacks to dampen their holiday spirit. Join us for a lively and informative Twitter chat with questions and answers about holiday food safety. Food safety experts from […]

Listeria
December 15, 2013

Bill Keene’s Outbreak Legacy

Hundred’s of people (there were a lot of guys with beards) from around the country came and and had a beer in honor of Bill.  The stories from family and friends made Bill seem alive for a couple of hours. Bill’s Foodborne Illness Outbreak Museum was on display – it even included a few donations […]

Lawyer Op-Ed
December 12, 2013

Yauk’s Recalls More Meat Due to Rodent Activity

Yauk’s Specialty Meats, a Windsor, Colo., establishment, is expanding its recall to include an undetermined amount of various meat and poultry products that were produced under insanitary conditions, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The products being recalled today are in addition to the approximately 90,000 pounds of […]

Case News
December 12, 2013

ACI – Food Borne Illness Litigation Advanced Strategies for Defending and Managing High Profile Food Contamination Claims

ACI’s 7th National Forum on Food-Borne Illness Litigation, in San Francisco Wednesday, January 29, 2014 Hilton San Francisco Financial District, San Francisco, CA “Each year roughly 1 in 6 Americans (or 48 million people) get sick, 128,000 are hospitalized, and 3,000 die of foodborne diseases.” – 2011 Estimates from the Center for Disease Control and Prevention […]

Lawyer Op-Ed
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