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 […]

February 24, 2013

Food Fraud in US? Who Knows?

JoNel Aleccia, Staff Writer for NBC News posted an interesting article yesterday: “Horse meat in the US? Unlikely, but tests are rare.” I have been wondering when the food fraud story going on throughout Europe surrounding passing horse meat off as beef would make it here.  Putting eating pony aside, Ms. Aleccia and I discussed […]

Lawyer Op-Ed
February 22, 2013

Interesting Personal Ad: FBI Seeking Salmonella Peanut Butter Victims

I know a few. FBI Seeking Victims in Salmonella-Tainted Peanut Products Case The Peanut Corporation of America (PCA) plant in Blakely, Georgia was a facility where raw peanuts were roasted and turned into granulated peanuts, peanut butter, and peanut paste, then sold to family-owned businesses and global, multi-billion-dollar food companies alike. But after a national […]

Salmonella
February 22, 2013

If you have Shigella, please wash your hands!

In 2000, the California Department of Health Services investigated the foodborne outbreak linked to Viva Mexico restaurant. Dr. Janet Mohle-Boetani, of the Division of Communicable Disease Control Branch, reported that: “Between October 19 and 24, approximately 221 individuals became ill after eating at the Viva Mexico restaurant in Redwood City, CA.  One death occurred in […]

Shigella
February 21, 2013

Federal Grand jury Indicts Five in connection with 2009 Salmonella Outbreak

My favorite quote of the day (AP): Bill Marler, an attorney who represented many of the victims in the peanut case, has specialized in food safety law for 20 years. He says this is the first time he can remember such a scathing indictment on a food poisoning case. “If I were an executive of […]

Salmonella Listeria
February 20, 2013

Two More E. coli Illnesses Prompts Another Canadian Meat Recall

Matt McClure, Mr. E. coli at the Calgary Herald, reports tonight that frozen burgers now being recalled from Safeway stores across the western half of the country originated from the same Ontario plant that was at the center of a tainted meat outbreak just two months ago.  Officials at the Canadian Food Inspection Agency (CFIA) […]

E. coli
February 20, 2013

I smell another Pulitzer: Salt Sugar Fat: How the Food Giants Hooked Us by Michael Moss

I have been working my way through an early release of “Salt Sugar Fat,” and  was pleased to see the New York Times Magazine devote 14 pages to an excerpt entitled “The Extraordinary Science of Addictive Junk Food.”  Both the article and the book are worth a serious read.  It is changing the way I […]

Lawyer Op-Ed
February 20, 2013

While you were Sleeping – Listeria and E. coli Recalls

I have a cold, so woke up in the middle of the night only to find my inbox filled with recall notices. Listeria Recall:  In what must be the most recalled product in the last six months, smoked salmon was recalled a few hours ago.  MKG Provisions of Miami, FL is recalling Atlantic Smoked Salmon […]

E. coli Listeria
February 19, 2013

Charlotte Whiskey Warehouse and Concord Hooters Hepatitis A Risk

According to Tony Burbeck and Rad Berky of WCNC report that a bartender who works at both of those locations has a confirmed case of the virus and was serving food and drinks, but not touching the food, health officials said.  The dates, times and locations of concern include: The Hooters on February 7th or […]

Hepatitis A
February 19, 2013

Orange Juice – There is a Reason to Pasteurize = Salmonella

This is another it what will be a long – too long – series of outbreak investigations where we have represented consumers in what I hope will be a cautionary tale, and a learning experience, for manufacturers of food. During June of 1999, both the Washington State Health Department and the Oregon Health Division independently […]

E. coli Salmonella
February 18, 2013

Wishing everyone a happy President’s Day

This is a very cool video:

Lawyer Op-Ed
February 17, 2013

FSIS’s and Foster Farms’ Reason for NOT Recalling Salmonella Chicken: “Shit Happens!”

I had lunch with an old friend (now days, all my friends are) yesterday who asked me why Foster Farms and the United States Department of Agriculture’s Food Safety Inspection Services (FSIS) have not recalled chicken – presumably whole or cut and not ground – even after 124 have been sickened (at least 30 hospitalized) […]

E. coli Salmonella
February 16, 2013

Foster Farms and USDA FSIS – Why not recall the Salmonella Chicken?

The CDC reports at least 124 people sickened in a dozen states as of Thursday.  Washington and Oregon account for nearly 100 ill with 30 of those hospitalized.  Health officials link the illnesses to Foster Farms chicken, but neither the USDA FSIS nor Foster Farms officials recall the product – Why? The Reality in Your […]

Salmonella
February 16, 2013

Alaska Reports Campylobacter Linked to Raw Milk

The Alaska Division of Public Health reports on a recent and potentially ongoing outbreak of Campylobacter infections that have been associated with consuming raw milk.  Since late January 2013, four people with confirmed Campylobacter infection and at least one person with probable infection reported consuming raw (unpasteurized) milk in the few days preceding illness. One infant […]

Campylobacter
February 15, 2013

Why isn’t Salmonella a Legal Adulterant?

Fact:  Salmonella is a leading cause of foodborne illness worldwide, with an estimated 1.4 million cases each year in the United States alone. Lynne Terry of the Oregonian touched on the issue of Salmonella as or as not an adulterant in her story yesterday: “Foster Farms chicken linked to Salmonella cases in Oregon and Washington, […]

E. coli Salmonella
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