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 […]

March 28, 2022

FDA shuts down animal food manufacturer due to Salmonella – Is Abbott infant formula with Cronobacter next?

NOTE: BRAVO PET FOODS IS NOT BRAVO PACKING INC. Bravo Pet Foods, located in Manchester, CT, has NO relationship OF ANY KIND with Bravo Packing.  Bravo Pet Foods has been producing ultra high end frozen and freeze dried diets for pets for 20 years. The U.S. Food and Drug Administration (FDA) announced today that Bravo Packing, […]

Salmonella Listeria
March 25, 2022

Abbott, infant formula manufacturer, my advice, lawyer-up with some good criminal defense lawyers

At least 4 sick with 2 babies dead – it’s infant formula for damn sakes! Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 in reaction to growing public safety demands.  The primary goal of the Act was to protect the health and safety of the public by preventing deleterious, adulterated or misbranded […]

Lawyer Op-Ed
March 24, 2022

Six weeks after infant formula Cronobacter sakazakii outbreak and recall there are still unanswered questions

What we know: There have been four sick with two dead from Cronobacter sakazakii The recall: The recall began on February 17, 2022 and expanded on February 28, 2020. The FDA is advising consumers not to use recalled Similac, Alimentum, or EleCare powdered infant formulas. Recalled products can be identified by the 7-to-9-digit code and […]

E. coli Cronobacter
March 22, 2022

FDA: Abbott Infant Formula: Did not have controls in place to prevent Cronobacter contamination

The result – 4 sick with 2 dead. Why is Cronobacter NOT reportable – except in Minnesota? According to the CDC, Cronobacter infections are rare, but they can be deadly in newborns. Infections in infants usually occur in the first days or weeks of life. About two to four cases are reported to CDC every year, […]

Cronobacter
March 18, 2022

USDA Economic Research Service: Salmonella accounted for nearly 80 percent of pathogen violations in U.S. food imports from 2002 to 2019

As the quantity of food imported into the United States continues to rise, it is increasingly important to minimize foodborne illness risks for U.S. consumers. Foods contaminated with pathogens or toxins can result in foodborne illnesses. A recent USDA, Economic Research Service (ERS) study examined the number of U.S. import refusals caused by pathogen/toxin contamination […]

Salmonella Listeria
March 07, 2022

It is always good to be appreciated for the work we do at Marler Clark

Thanks to all the lawyers and staff at Marler Clark who for the last 24 years have made Marler Clark the best damn law firm in the world. A note from a client today:

Legal Cases
March 03, 2022

What Parents need to know about Cronobacter sakazakii and infant formula today

ALERT: Cronobacter Illnesses Linked to Powdered Infant Formula Recalled Infant Formula: On February 28, 2022, Abbott Nutrition recalled Similac PM 60/40 powdered formula (Lot # 27032K80 (can) / Lot # 27032K800 (case). The Similac PM 60/40 recall is in addition to other lots of Similac, Alimentum, and EleCare powdered formula that were recalled on February 17, […]

Cronobacter
March 03, 2022

Infant Formula Cronobacter and Salmonella Outbreak: I still have questions

I might have missed it, but has anyone received answers to these basic questions?Question 1:  Given that illnesses began in early September 2021, did that fact that Cronobacter sakazakii is only reportable in Minnesota hamper the investigation and delay the outbreak announcement and recall? Note: Salmonella Newport  is reportable in all states. Question 2:  With […]

Salmonella Cronobacter
February 28, 2022

KFC, McDonald’s, Burger King, Starbucks and Pizza Hut, close your Russian Restaurants until Putin removes troops from Ukraine

I am not sure Putin shares the same love for fast food as Trump, but we all need to do our share to send a message that Russian aggression can not stand. I must admit, I have sued the above restaurants in the past. Tip-o-pen to my friend, Paul V. Nunes.

Lawyer Op-Ed
February 28, 2022

With 2 infants dead in Ohio the CDC Investigates additional Cronobacter cases in US

Why is not Cronobacter sakazakii reportable in more than one state in the US? Why was the first illness on September 16, 2021, but the first recall not until February 20, 2022? According to the CDC, on February 10, 2022, CDC was notified of FDA’s investigation of consumer complaints of infant illness related to products […]

Salmonella Cronobacter
February 20, 2022

I have some questions about the Cronobacter and Salmonella infant formula outbreak: Why are illnesses not universally reportable and why was there a two year gap in FDA inspections at plant?

I have some questions. First some basic facts: One ill with Salmonella, Three ill with Cronobacter sakazakii with one death in Minnesota, Ohio and Texas Findings to date include several positive Cronobacter results from environmental samples taken by FDA at Abbott in Sturgis, Michigan facility. A review of the Abbott ’s internal records also indicate […]

Salmonella Cronobacter
February 18, 2022

Minnesota, Ohio and Texas illnesses linked to Cronobacter sakazakii and Salmonella Newport infant formula infections – Similac, Alimentum, or EleCare distributed Worldwide

United State illnesses occurred between 9/6/2021 – 12/18/2021 – First recall 2/17/22 Recalled products were distributed to the following countries in addition to the United States: Australia, Bahrain, Barbados, Bermuda, Canada, Chile, China, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Guam, Guatemala, Hong Kong, India, Indonesia, Israel, Jordan, Kuwait, Lebanon, Malaysia, Mexico, New Zealand, Oman, […]

Salmonella
February 14, 2022

Is trying to sell a recalled food product illegal – Hell, yes!

A week ago one of my food safety followers on Twitter sent me this photo that was apparently circulating offering for sale on eBay a product that was recalled over a decade ago.  They asked if it was legal for someone to sell a recalled food product. First, after a quick search on eBay I […]

Salmonella
February 10, 2022

2022 – FDA Investigating at least four Salad Outbreaks linked to E. coli or Listeria

Well the bad news about outbreaks linked to leafy greens they are spilling over from  2021 to 2022.  The more things change, the more things stay the same. Outbreaks associated with lettuce, specifically the “pre-washed” and “ready-to-eat” varieties, are by no means a new phenomenon. In fact, the frequency with which this country’s fresh produce […]

E. coli Listeria
January 30, 2022

STOP accepting applicants for 2022-2023 Dave Theno Food Safety Fellowship

We were proud to donate $100,000 to start the fellowship. The national nonprofit public health organization STOP Foodborne Illness is accepting applicants for its 2022-2023 Dave Theno Food Safety Fellowship. Applications must be submitted by March 31. The fellowship program is a partnership with the Michigan State University Online Food Safety Program. The fellow will […]

E. coli HUS
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