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 […]

June 06, 2013

Marler Clark Applauds Costco for Responsible Corporate Citizenship On Heels of Hepatitis A Outbreak

Attorney Bill Marler commended Costco today for proactively reaching out to the warehouse chain’s customers who purchased “Townsend Farms Organic Antioxidant Blend” frozen berry and pomegranate mix and offering to pay for hepatitis A vaccinations for those who consumed the product. “A little effort goes a long way in these circumstances,” said Marler.  “I look […]

Hepatitis A
June 05, 2013

Townsend Berries sicken SF Target Pharmacist with Hepatitis A putting customers at risk

When Townsend manufactured and Costco sold Hepatitis A – tainted berries, they likely did not know how far the problem would spread. Hundreds of Bay Area residents received warnings Wednesday that their Target medicine purchases may be contaminated with hepatitis A after a pharmacist at two East Bay stores worked after being infected with the […]

Hepatitis A
June 05, 2013

103 Sickened at Fayetteville Holiday Inn

The Cumberland County health director, Buck Wilson, declared the county’s Salmonella outbreak over Wednesday, saying there have been no new cases since May 15.  The Cumberland County Department of Public Health says at least 103 people have reported signs or symptoms consistent with salmonella infections.  All of the people appear to have eaten at the […]

Salmonella
June 04, 2013

Townsend Farms Hepatitis A Outbreak Nears 50 In 7 States

On June 4, 2013, Townsend Farms, Inc. of Fairview Oregon announced that it is voluntarily recalling certain lots of its frozen Organic Antioxidant Blend because it has the potential to be contaminated with Hepatitis A virus. Townsend Farms is recalling all product sold at Costco warehouse stores under the name Townsend Farms Organic Antioxidant Blend, […]

Hepatitis A
June 04, 2013

Townsend Farms Issues a “Voluntary” Recall – Finally: FDA Still Silent

The below Press Release landed in my inbox a few moments ago, although nothing is on the Townsend Farms website and nothing can be found on the FDA’s either.  You have to wonder why this recall is “Voluntary” when the product has been linked by the CDC to “34 people ill with acute hepatitis A […]

Hepatitis A
June 03, 2013

Lynne Terry Saves People From Hepatitis A as Townsend Farms, Coscto, Harris Teeter and the FDA’s Sit By

Lynne Terry of the Portland Oregonian, shows once again why a free press is so important to our safety – for gawds sake, the government and industry do not seem capable of doing the job – like announcing a f&%*ing recall. I mean Townsend Farm’s Organic Antioxidant Blend is frozen and stored in people’s freezer. […]

Hepatitis A
June 03, 2013

Townsend Farms Organic Anti-Oxidant Blend Hepatitis A Outbreak – Where in the Hell is the Recall?

According to the FDA, Under FSMA, FDA now has authority to order a mandatory recall. How will that work? FDA anticipates that mandatory recall authority will be used in rare instances. Companies will be provided with an opportunity for an informal hearing before an order to require recall is made.  Apparently not?  And, not a […]

Hepatitis A
June 03, 2013

Seriously, Where is the Townsend Hepatitis A Berry Recall?

Over the weekend, I received dozens of emails and calls from people who bought the below product at Costco’s across the United States and have either developed Hepatitis A illness or have headed to get a Hepatitis A or IG shot.  Only about half have received calls from Costco.  Several sent me pictures of the […]

Hepatitis A
June 02, 2013

Did We Miss European and Canadian Hepatitis A Berry Warnings?

The Centers for Disease Control and Prevention (CDC) reported on May 31, 2013, 30 people ill with acute hepatitis A may be linked with consumption of Townsend Farms Organic Anti-Oxidant Blend, a frozen berry and pomegranate seed mix. Illnesses thus far have been reported in Colorado, New Mexico, Nevada, Arizona, and California.  These numbers are […]

Hepatitis A
June 01, 2013

Why no Recall of Townsend Farms Organic Anti-oxidant Blend frozen berry mix linked to Hepatitis A Outbreak?

No product recall issued by Townsend Farms.  Costco does pull product from shelves and calls some – but not all members to return product.  Where is FDA recall authority? According to the CDC, as of May 31, 2013, 30 people ill with acute hepatitis A that may be linked with consumption of a contaminated product […]

Hepatitis A
June 01, 2013

Townsend Farms Berry Hepatitis A Outbreak – What you need to know

Get a hepatitis A vaccine or immune globulin shot! If you have eaten Townsend Farms Organic Antioxidant Blend frozen berries during the past 14 days, please discuss with your doctor whether you should receive the hepatitis A vaccine or immune globulin. The hepatitis A vaccine can prevent infection if given within 14 days of exposure. […]

Hepatitis A
May 31, 2013

Toccoa BBQ Shack E. coli Outbreak Now 18

An E. coli O157:H7 outbreak linked to BBQ Shack in Toccoa Georgia sickened as many as 18 people, health officials announced Friday. Several of the victims were hospitalized as a result of their infections, and five developed hemolytic uremic syndrome (HUS), a complication of E. coli infection that leads to kidney failure. The outbreak appears […]

E. coli HUS
May 31, 2013

Hepatitis A in Colorado, New Mexico, Nevada, Arizona and California Linked to Costco Berries

According to the Colorado Department of Public Health & Environment, Townsend Farms Organic Antioxidant Blend frozen berries purchased from Costco appear to be the source of a five state Hepatitis A outbreak.  Approximately 30 cases of hepatitis A have been reported from Colorado, New Mexico, Nevada, Arizona and California. The first people became ill on […]

Hepatitis A
May 30, 2013

Farm Rich E. coli O121 Outbreak Over at 35

A total of 35 persons infected with the outbreak strain of Shiga toxin-producing Escherichia coli O121 (STEC O121) were reported from 19 states. 82% of ill persons were 21 years of age or younger. 31% of ill persons were hospitalized. Two ill persons developed hemolytic uremic syndrome (HUS), a type of kidney failure, and no […]

E. coli HUS
May 29, 2013

Fayetteville, North Carolina Holiday Inn Bordeaux Link to 99 with Salmonella

We have filed two lawsuits on behalf of sickened customers. The Cumberland County Department of Public Health continues to investigate the source of a Salmonella infection outbreak announced May 14 at the Holiday Inn Bordeaux, 1707 Owen Drive. To date, 99 cases of individuals with signs and symptoms consistent with Salmonella infection have been reported.  […]

Salmonella
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