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 14, 2013

Salmonella Heidelberg Outbreak: 124 in 12 States – Washington and Oregon Hardest Hit

Likely linked to Foster Farms chicken. CDC is collaborating with public health officials in many states and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) to investigate a multistate outbreak of Salmonella Heidelberg infections. Public health investigators are using DNA “fingerprints” of Salmonella bacteria obtained through diagnostic testing with pulsed-field gel electrophoresis, […]

E. coli Salmonella +3
February 14, 2013

Foster Farms Chicken Sickens 99 in Oregon and Washington

More states likely to report more illnesses in coming days. In 2012, 43 confirmed human cases of infection by Salmonella Heidelberg bacteria in Oregon were caused by a particular strain linked to chicken processed by Foster Farms, according to patient reports and laboratory testing of randomly purchased chicken. Since last June, at least 56 people […]

Salmonella
February 14, 2013

You say Tomato, I say Tomatoe – Either Way It Was Salmonella 2004

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. In early July 2004, while conducting routine surveillance, Pennsylvania Department of Health (PDOH) personnel noted an […]

Salmonella
February 14, 2013

Foster Farms Chicken Linked to Oregon Washington Salmonella Heidelberg Illnesses

The Albany Oregon Tribune reports on an unreported rise – until now – in Salmonella illnesses in 2012 linked to chicken in Oregon and some other states. According to the Tribune, over 2012, Oregon saw 56 cases of Salmonella Heidelberg, which is a marked increase over previous years. All people reportedly have recovered from their […]

Salmonella
February 13, 2013

Settlement Reached in Salmonella Braenderup and Worthington Mango Outbreak

Months ago the CDC reported a total of 127 persons infected with the outbreak strain of Salmonella Braenderup from 15 states. 33 ill persons were hospitalized. No deaths were reported. Collaborative investigation efforts of state, local, and federal public health and regulatory agencies indicated that mangoes were the source of this outbreak. On September 13, […]

Salmonella
February 13, 2013

Taylor Farms Recalls Enterohaemorrhagic Escherichia coli Tainted Spinach

Taylor Farms Retail, Inc. is recalling select Organic Baby Spinach products over concerns they may be contaminated with (EHEC) Enterohaemorrhagic Escherichia coli. The Taylor Farms spinach is sold under several brand names, including Central Market Organics, Full Circle Organic, Marketside Organic, Simple Truth Organic and Taylor Farms Organic, all with a best by date of […]

E. coli
February 13, 2013

The Beginning of E. coli as a Problem with Lettuce

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. Although certainly not the first pathogen outbreak linked to leafy greens, it was one that got […]

E. coli HUS
February 12, 2013

Marler Clark Retained by Canadian to Investigate E. coli Outbreak that Sickened 30

We were hired today by a Canadian family to locate the name of the unnamed California grower. The total number of victims in Canada’s most recent E. coli lettuce outbreak caused by California lettuce hit 30.  E. coli O157:H7 Illnesses by province are New Brunswick (7), Nova Scotia (10) and Ontario (13).  According to the […]

E. coli
February 12, 2013

Could Horsemeat (and Kangaroo meat) get into the US Food Supply – Too late, already did

Well, 32 years ago.  Here is the story – straight from the “horses mouth:” During 1981, an incident involving the importation of mislabeled and adulterated meat from Australia resulted in FSIS detaining and sampling nearly 66 million pounds of boneless beef from that country. Shipments labeled as beef were found to contain horsemeat and kangaroo […]

Case News
February 12, 2013

E. coli Tainted Meat and Bad Restaurant Practices Created 2000 Sizzler Disaster

According to the Final Reports issued by the State on October 6 and 9, 2000, the outbreak was first noted on July 24 when staff at Children’s Hospital notified the City of Milwaukee Health Department regarding a cluster of E. coli O157:H7 cases.  Eventually, sixty-four confirmed cases were discovered – 62 linked to the Layton […]

E. coli HUS
February 11, 2013

So, Who Started this Horse and Pig DNA in my Hamburger Firestorm in Europe?

And, in the US do we test for DNA in our meat? A month ago the Food Safety Authority of Ireland (FSAI) published the findings of a targeted study examining the authenticity of a number of beef burger, beef meal and salami products available from retail outlets in Ireland. Those Damn Irish checking for “food […]

Case News
February 11, 2013

Not Learning from History: a Listeria and Salmonella Outbreak a Year Apart

I am always a bit shocked that we seem never to be able to learn from history – even if it is recent. Largest Death Toll in Decades In September 2001, a total of 147 persons infected with any of the five (5) outbreak-associated strains[1] of Listeria monocytogenes were reported to CDC from 28 states.  […]

Listeria
February 10, 2013

Horsemeat Lasagna may contain “bute” and be linked to “horse AIDS”

And, we thought it was just about mislabeling (a.k.a. “Food Fraud”) The Guardian reports that contaminated horsemeat could prove “injurious” to people’s health, the environment secretary Owen Paterson said on Sunday as he served notice on the public to expect “further bad news” this week. Patersons’s remarks were the first government acknowledgment of a possible […]

Case News
February 10, 2013

2011 Retail Meat Report of the National Antimicrobial Monitoring System (NARMS) is out

The NARMS retail meat surveillance program is a joint effort of the FDA, the Centers for Disease Control and Prevention (CDC), and health departments in 11 states: California, Colorado, Connecticut, Georgia, Maryland, Minnesota, New Mexico, New York, Oregon, Tennessee, and Pennsylvania. Its goals include providing information to promote steps for reducing resistance in foodborne bacteria. […]

E. coli Salmonella +1
February 10, 2013

Schnucks E. coli Outbreak – should pay more attention to my romaine supplier?

On March 23, 2012 the Centers for Disease Control and Prevention (CDC) issued its final update of the multistate outbreak of E. coli O157:H7 infections linked to romaine lettuce.[1]  The outbreak investigation was assigned outbreak code 1110MOEXH-2.   Genetically, the outbreak strain was identified by Pulsenet pattern designations EXHX01.0047/EXHA26.0015.  At the completion of the investigation on […]

E. coli HUS
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