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 […]

December 27, 2024

Another Listeria Outbreak brewing – What you need to know with 31 sickened

FDA reports: A new outbreak of Listeria monocytogenes (ref #1281) linked to a not yet identified product has been added to the table. FDA has initiated traceback. 31 have been sickened, and given past Listeria outbreaks it is likely some have died. One can assume since the FDA is announcing it the likely vector is an FDA […]

Listeria
December 27, 2024

So, it is Romaine Lettuce – again – 88 sickened

Yesterday the FDA left this cryptic remark on its website: For the outbreak of E. coli O157:H7 (ref #1280), the confirmed vehicle was updated from iceberg/romaine lettuce blend to romaine lettuce due to the traceback investigation. The case count has increased from 86 to 88. Previously the FDA had announced that they were investigating illnesses in a […]

E. coli
December 26, 2024

Listeria, E. coli and Salmonella outbreaks investigated by FDA

E. coli Salmonella +1
December 26, 2024

USDA Seeks Nominations for Membership on Food Safety Advisory Committee

The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) is soliciting nominations for membership to the National Advisory Committee on Microbiological Criteria for Foods (NACMCF). NACMCF is the advisory committee charged with providing impartial scientific advice and recommendations to the USDA and other government agencies on microbiological and public health issues relative to the […]

Listeria Cronobacter
December 25, 2024

18 Food Outbreaks that have kept me busy in 2024

1.    Yu Shang Food, Inc. Ready to Eat Meat Listeria Outbreak: As of December 5, 2024, 19 people from eight states have been infected with the outbreak strains of Listeria.  Sick people’s samples were collected from October 24, 2021, to October 28, 2024. Of 19 people with information available, 17 (89%) have been hospitalized. Seven illnesses are related to […]

E. coli Salmonella +2
December 20, 2024

Norovirus hits patrons of San Francisco’s Waterbar, San Francisco’s Mission Street Oyster Bar, Redwood City’s Hurrica, Santa Rosa’s Santa Rosa Seafood and San Pablo’s Mariscos La Playita

California based S&M Shellfish Co. has issued a product recall for oysters after confirming multiple illnesses due to norovirus contamination. The oysters affected were sold under the names Fanny Bay, Buckley Bay and Royal Miyagi Oysters and were harvested between December 1st and 9th in British Columbia.  California restaurants and businesses affected by the recall include San Francisco’s Waterbar, San Francisco’s Mission Street […]

Norovirus
December 20, 2024

Poisoned, the New Christmas Movie?

I received an email from a former client that put “Poisoned” on his list to watch over Christmas – well, I suppose it depends on one’s “taste?” And, did I tell you it won the Emmy?

Case News
December 18, 2024

FSIS has interest in Salmonella Poultry Vaccine

Center for Veterinary Biologics and FSIS Announce Interest in Salmonella Vaccines for Poultry The Animal and Plant Health Inspection Service’s Center for Veterinary Biologics (CVB) has published Notice No. 24-15, Salmonella Vaccines and USDA Food Safety and Inspection Service’s Framework to Reduce Salmonella Illnesses Attributable to Poultry to inform veterinary biologics manufacturers of FSIS’ interest in Salmonella vaccines for poultry. […]

Salmonella
December 17, 2024

With 86 with E. coli O157:H7 sick, when will the FDA and CDC give the public more information?

Last week The FDA and CDC, in collaboration with state and local partners, reported that they are investigating illnesses in a multistate outbreak of E. coli O157:H7 infections linked to an iceberg and romaine lettuce blend served at catering events, restaurants, and a school. Events remain unnamed. Based on epidemiological information collected by CDC, a total of […]

E. coli
December 17, 2024

After two Deadly Outbreaks, USDA/FSIS takes on Listeria

Yu Shang Food Listeria Outbreak As of November 22, 2024, 11 people infected with the outbreak strain of Listeria have been reported from four states: California (7), Illinois (2), New York (1) and New Jersey (1). Sick people’s samples were collected from October 24, 2021, to July 31, 2024. Of 11 people with information available, nine have been hospitalized. […]

Listeria
December 15, 2024

A Mystery E. coli Outbreak – will the FDA and CDC say who the “common supplier” is of the iceberg and romaine lettuce blend?

After 31 years doing food litigation, I am seldom surprised by an announcement of a foodborne illness outbreak.  It was no different last Friday when the FDA dropped this: The FDA and CDC, in collaboration with state and local partners, are investigating illnesses in a multistate outbreak of E. coli O157:H7 (ref #1280) infections linked to an […]

E. coli
December 15, 2024

A Cheese Listeria Outbreak that Killed a Baby

Felix was born premature and died after struggling for weeks. We had the honor to represent his moms. In 2012, a total of 22 persons infected with the outbreak-associated strain of Listeria monocytogenes were reported from 13 states and the District of Columbia. 20 ill persons were hospitalized. Four deaths were reported. Public health officials determined that two […]

Listeria
December 15, 2024

Remembering a Deadly Listeria Outbreak – Jensen Farm’s Cantaloupe

Marler Clark represented the families of all 33 of the people who died. As of February 2012, total of 148 persons infected with any of the five outbreak-associated subtypes of Listeria monocytogenes were reported to CDC from 28 states. The number of infected persons identified in each state was as follows: Alabama (1), Arkansas (1), […]

Listeria
December 15, 2024

A prior Deadly Deli Listeria Outbreak in NYC

We are representing the family of one New Yorker that died several months after his infection after he consumed products purchased at two of the locations identified as sources of the Listeria outbreak. The Centers for Disease Control and Prevention (CDC), the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS), the U.S. Food […]

Listeria
December 14, 2024

What Bill Marler does not eat – “Dad, you’ve gone viral”

Nearly a decade and half ago I was interviewed about yet another foodborne illness outbreak that sickened hundreds, killing several and causing long-term complications to dozens. Bill Marler is the most prominent food-safety lawyer in the US. He has represented victims in nearly every food-borne illness outbreak in the US in the last 20 (now […]

E. coli Salmonella
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