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 […]

January 30, 2013

Cantaloupe on my mind – Without Pathogens Please!

I had the opportunity to meet a number of the best and the brightest in the produce industry today, and learned much about what they are now doing to make produce safer.  I am hopeful for consumers and the growers, shippers and retailers.  Not surprisingly, cantaloupe came up more that a few times due to […]

Salmonella Listeria +2
January 30, 2013

Topps Meat E. coli – Two Strikes You’re Out!

Strike 1. On September 7, 2005, the Albany County Health Department (ACHD) was notified that a child was hospitalized with a diagnosis of hemolytic uremic syndrome (HUS).  Preliminary laboratory testing of the child’s stool had been conducted at St. Peter’s Hospital, and tests were originally negative for the presence of E. coli O157:H7.  ACHD arranged […]

E. coli HUS
January 29, 2013

A Cannery Out of Control with Botulism and Bankruptcy as the Result

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. On July 7, 2007, the Centers for Disease Control and Prevention (“CDC”)[1] learned that two siblings […]

Botulism
January 28, 2013

Marler Clark Retained in Raw Ground Beef Salmonella Kibbeh Cases in Michigan

We were retained today by two sisters who each spent a week in the hospital after suffering Salmonella Typhimurium infections after eating raw ground beef kibbeh (that they thought was lamb) at a Sterling Heights, Michigan restaurant. Last week the Centers for Disease Control and Prevention (CDC) announced a total of 16 individuals infected with […]

Salmonella
January 27, 2013

Tell me again why the President of PCA is not in Jail?

In 2009 714 persons were infected and nine died from Salmonella Typhimurium linked to the Peanut Corporation of America in Blakely, Georgia.  According to the last update by the CDC, the number of ill persons identified in each state was as follows: Alabama (2), Arizona (14), Arkansas (6), California (81), Colorado (18), Connecticut (11), Florida […]

Salmonella
January 26, 2013

Another Macomb County Michigan Salmonella Outbreak: It was the Cannolis

The facts of this most unfortunate incident were well covered in the report issued by the Macomb County Health Department on May 1, 2002.  Of note, the illnesses were “associated with the consumption of cannolis and cassata cake from Black Forest Cakes and Pastries.” Laboratory investigation showed that 46 stool cultures tested positive for Salmonella […]

Salmonella
January 26, 2013

A Salmonella Outbreak to Remember: 2003 Vernon Hills Chili’s

The posts I recently did on Jack in the Box and Odwalla prompted some readers to ask what other stories I had.  Unfortunately, I have a very large plate full.  Perhaps by retelling some of these stories others will be prompted to pay just a bit(e) more attention to food safety. On June 30, 2003, […]

Salmonella
January 26, 2013

Whole Foods Recalls Listeria Salmon

Whole Foods Market is recalling one lot code of Whole Catch Wild Alaskan Sockeye Salmon (4 oz), cold smoked and sliced, sold in stores in 12 states, because it may contain Listeria Monocytogenes, an organism which can cause a sometimes fatal infection in young children, frail or elderly people, and others with weakened immune systems. […]

Listeria
January 26, 2013

Outbreaks, Illnesses and Recalls – The CDC Reports 2009-2010

The CDC reported yesterday in its aptly named, Morbidity and Mortality Weekly Report, on the Surveillance for Foodborne Disease Outbreaks — United States, 2009–2010.  Here is the overview: Outbreaks During 2009–2010, a total of 1,527 foodborne disease outbreaks (675 in 2009 and 852 in 2010) were reported, resulting in 29,444 cases of illness, 1,184 hospitalizations, […]

E. coli Salmonella +5
January 25, 2013

Listeria Cheese Killing People Down Under

A further three cases of listeriosis have been reported in NSW in people who have consumed recalled soft cheeses. There are now 21 cases of Listeria infection nationally, and a link to batches of Jindi manufactured cheeses sold at delicatessens and supermarkets has been identified. Two people – a Victorian man, 84, and a Tasmanian […]

Listeria
January 25, 2013

Homestead Creamery License Renewed After E. coli O103 Outbreak

The Missouri Department of Agriculture has reinstated the plant license for Homestead Creamery of Jamesport following an inspection this week. Earlier this month a 250-pound batch of Flory’s Favorite cheese was being pulled from stores. The 60-day aged cheese is labeled as “Packed On 210.” It was sold at the Homestead Creamery facility in Jamesport. […]

E. coli
January 25, 2013

Salmonella Typhimurium Outbreak in Arizona, Illinois, Iowa, Michigan, and Wisconsin

Collaborative investigative efforts of state, local, and federal public health and regulatory agencies indicated that ground beef produced by Jouni Meats, Inc. and Gab Halal Foods are likely sources of this outbreak.  Seven of the ill persons reported eating a raw ground beef dish at the same restaurant before becoming ill. The restaurant served raw […]

Salmonella
January 24, 2013

Salmonella Typhimurium Link to Raw Beef Kibbeh Illnesses in Michigan and Arizona

Jouni Meats, Inc., a Sterling Heights, Michigan retail store, is recalling approximately 500 pounds of ground beef products that may be contaminated with a strain of Salmonella Typhimurium, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. These products were produced between Dec. 4, 2012, and Dec. 9, 2012, and distributed […]

Salmonella
January 24, 2013

Salmonella Uganda Outbreak Linked to Head Cheese in Louisiana

Hog head cheese products produced by EST. 2257 have been linked to a recent Salmonella Uganda cluster involving six case-patients from Louisiana. Working in conjunction with the Louisiana Office of Public Health, FSIS was able to link illnesses to the RTE pork products produced at this establishment based on epidemiologic and traceback investigations. Illness onset dates […]

Salmonella
January 23, 2013

Another Lesson Learned the Hard Way: Odwalla E. coli Outbreak 1996

In the fall of 1996 the very last of the Jack in the Box cases had resolved and the media attention surrounding the outbreak had faded away.  For most of the summer and fall I juggled being a lawyer and the campaign finance chair for, what would become, Gary Locke’s successful run to become the […]

E. coli HUS
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