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 09, 2013

Norovirus Class Action Filed Against Golden Corral

Customers of the Casper, Wyoming Golden Corral filed a class action lawsuit against the restaurant today, alleging they were part of a norovirus food poisoning outbreak that was traced to food served at the restaurant in December.  The lawsuit was filed in Federal District Court in Wyoming (Case Number 3CV-024-J) by The Ochs Law Firm […]

Norovirus
February 09, 2013

Raw Milk Cheese – 50 to 160 Times Greater Risk of Listeria

On Friday the U.S. Food and Drug Administration announced a draft quantitative assessment of the risk of listeriosis from soft-ripened cheese consumption in the United States and Canada. The risk assessment is a joint effort between FDA and Health Canada. View the Federal Register Notice for the assessment. The new FDA/Health Canada draft risk assessment […]

Listeria
February 09, 2013

The Sequester’s Impact on Food Safety – Less Inspections and No Meat for Two Weeks

According to the White House Press Office, unless Congress acts by March 1st, a series of automatic cuts – called a sequester – will go into effect to cut $85,000,000,000 across all government programs. As for the impact of food safety, the Food and Drug Administration (FDA) could be forced to conduct 2,100 fewer inspections […]

Lawyer Op-Ed
February 09, 2013

Under the Headline: “No good deed goes unpunished”

You need a subscription to the National Law Journal to read: “Effort to help out gets plaintiffs firm booted from E. coli case,” but I will give you a bit of the flavor of the back story (here is the PDF). The bottom line is that we frequently get calls from people (including lawyers) all […]

E. coli HUS
February 08, 2013

Tuna Scape – Hard Rock Salmonella – The Sick Tour

Today, our global food supply is a long one.  The lengthening of the supply chain allows more opportunities for problems to occur. Chris Fronzak, my client and lead singer for the heavy metal band Attila, consumed a spicy tuna roll containing Nakaochi Scrape at a Metairie, Louisiana restaurant while his band was on tour – […]

Salmonella
February 07, 2013

Casper Wyoming Golden Corral Source of Norovirus Outbreak – 31 Ill Employees Likely Made It Worse

The Wyoming Department of Health epidemiologist Kelly Weidenbach-Vigil, MPH, published a through and well-reasoned report on the cause of the Restaurant-Associated Outbreak of Norovirus Gastroenteritis Natrona County, November – December 2012 (Download Report).  The entire report is worth a read and underscores the real hazard of allowing ill employees to work.  Here is a snapshot […]

Norovirus
February 07, 2013

2006 was a Very Bad Year for E. coli and Leafy Greens

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. It was not that outbreaks linked to leafy greens had not happened before – 2006 was […]

E. coli HUS
February 06, 2013

You can get Salmonella Food Poisoning even at a Fancy Country Club

In the summer of 2002 I received a phone call one morning from a fellow who had been up all night with diarrhea and vomiting.  He had learned too that several others who had attended a wedding the prior weekend were sick as well.  Thus started our investigation into the Brook-Lea Country Club Salmonella outbreak.  […]

Salmonella
February 05, 2013

Marler Goes International from Home this Week

Living on the Pacific Rim and watching from my office the container ships glide into dock, makes you acutely aware of the global nature of our food supply.  Tomorrow I will get a chance to talk to Australian beef producers about their risks in the U.S. Market. Australia 2013 from Bill Marler And, on Friday, […]

Lawyer Op-Ed
February 05, 2013

Why Paying Attention to Who Your Suppliers are is So Important

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. I have told restaurant and grocery store associations many, many times that they are only as […]

Hepatitis A
February 04, 2013

Hepatitis A Vaccines are Bad for Business

Mine anyway. Let’s be honest: as an attorney who makes a substantial portion of his living by filing lawsuits against restaurants, it’s not in my financial interest to have the National Restaurant Association (NRA) change its position on mandatory hepatitis-A vaccinations for food-handlers. That being said, I think the NRA’s position is largely indefensible, especially […]

Hepatitis A
February 02, 2013

KCPQ 13 How to Avoid Foodborne Illnesses

From KCPQ TV:  Here’s some tips from Bill Marler, who is a personal injury lawyer and nationally recognized food safety expert, on how to avoid foodborne illnesses.

Attorney Videos Case News
February 02, 2013

A Beef Company More Interested in Litigation than Food Safety

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. Nebraska Beef and its meat-processing plant had a long history of safety and health violations, and […]

E. coli HUS
February 01, 2013

Malt-O-Meal Salmonella Agona – Twice from same Plant a Decade Apart

In April and May of 1998, public health officials in eleven states received an unusually high number of reports that patients receiving health care services for gastrointestinal illness had been diagnosed with Salmonella serotype Agona infections.  The number of illnesses represented an eightfold increase over the median number of Salmonella Agona cases reported in those […]

Salmonella
January 30, 2013

Veal Recalled Due to E. coli O157:H7

San Jose Valley Veal, a Santa Clara, Calif. establishment, is recalling approximately 1,260 pounds of veal trimmings that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The following products are subject to recall: • 60-pound, cardboard box cases of “SAN JOSE VALLEY VEAL […]

E. coli
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