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 […]

November 29, 2021

This Holiday Season, let’s help those that produce our food and provide for shelter – Farmworker Justice and Mary’s Place

Goodness, it has been a crazy few years.  When the pandemic hit, Marler Clark went all in to help food banks, food service workers and first responders.  As the pandemic has continued (please 40% of our friends and neighbors, please get vaccinated), we have looked to other places to help.  Here is were we are […]

Lawyer Op-Ed
November 29, 2021

Hey Salmonella, put me out of business – Please

Some, I am sure are a bit tired of my ranting about the FSIS doing its job and deeming Salmonella that causes human illness an adulterant in meat. Fact, after E. coli O157:H7 was deemed an adulterant in ground beef in 1994, it took about a decade for E. coli illness cases to drop.  During […]

E. coli Salmonella
November 26, 2021

Did you know that USDA has a zero tolerance for Salmonella in beef served to school kids, but not for the rest of us?

Essentially, USDA/FSIS is treating Salmonella as an adulterant in this situation. I mean, it is not a bad idea to protect school kids, but why the differences? While you all were sleeping off your “turkey coma,” I was thinking about why Salmonella is not an adulterant by reading, Michael Ollinger, John Bovay, Casiano Benicio, and […]

Salmonella Listeria
November 25, 2021

Next week outbreak numbers today: Baby Spinach E. coli outbreak hits 11, Onion Salmonella outbreak hits 960 and Seafood Salmonella outbreak hits 155

Baby Spinach According to the CDC, as of November 15, 2021, a total of 10 people infected with the outbreak strain of E. coli O157:H7 have been reported from seven states. Illnesses started on dates ranging from October 15, 2021, to October 27, 2021. Sick people range in age from 2 to 71 years, with a median […]

E. coli Salmonella
November 23, 2021

Let’s talk Turkey about Salmonella being an Adulterant

Remember this as you prepare Thanksgiving for your family and as you read this post – it is Food Safety and Inspection Service (FSIS) Mission Statement: Protecting the public’s health by ensuring the safety of meat, poultry, and processed egg products. USDA/FSIS has the authority to deem Salmonella and other pathogens adulterants – they just need […]

E. coli Salmonella
November 21, 2021

Hey New Jersey Starbucks, did you forget what happened with Hepatitis A in Mendham in 2019?

Last week the Camden County New Jersey Health Department reported that it had been notified by a health care provider that a food handler employed at a Starbucks at 1490 Blackwood Clementon Road in Gloucester Township tested positive for hepatitis A and worked through the infectious period. On Wednesday, Nov. 17, the Department of Health was […]

Hepatitis A
November 18, 2021

Mr. Bill goes to Washington again, and again and again

In 2011 I wrote: Last week the USDA Food Safety and Inspection Service (FSIS) announced a recall of ground turkey products due to “possible” Salmonella contamination. According to the press release, “Cargill Meat Solutions Corporation, a Springdale, Ark. establishment, is recalling approximately 36 million pounds of ground turkey products that may be contaminated with a […]

Salmonella
November 13, 2021

Statement from Agriculture Secretary Tom Vilsack on the Intent to Nominate Jose Emilio Esteban, Ph.D. to Serve as Under Secretary for Food Safety

Well, my flight to DC was delayed – no pilots – and this press release landed in my inbox.  I have known Dr, Esteban for a long time and look forward to his leadership. WASHINGTON, Nov. 12, 2021 — “Dr. Esteban has a deep understanding of USDA’s commitment to protect the health of the public […]

Lawyer Op-Ed
November 12, 2021

Roanoke Valley families try to recover after hepatitis A outbreak causes 3 deaths, 52 infections

Alison Graham and the Roanoke Times told a story of an unnecessary hepatitis A outbreak.  Thanks for doing the story. The Vests spent the last few weeks of their 40-year marriage in and out of the hospital. At first, Larry Vest, 77, ran a low fever and felt tired. After a few tests at his […]

Hepatitis A
November 10, 2021

Colorado Sushi Salmonella outbreak slowing at 155, Onion Salmonella outbreak pushing 900

The National Center for Biotechnology Information (NCBI) shows: Seafood 168 Isolates (155 clinical, 13 “seafood manufacturer”) Distance between selected isolates: minimum = 0 SNPs, maximum = 4 SNPs, average = 1 SNPs Target creation date range: 2020-07-07 to 2021-11-08 seafood 11_10_2021 – Full Tree Onions 872 isolates (871 clinical, 1 “mixed produce”) Group: PDG000000002.2326 Cluster: PDS000094913.38 Distance […]

Salmonella
November 09, 2021

Famous Anthony sickens at least 52 with 31 hospitalizations and 3 deaths

This afternoon, the Roanoke City and Alleghany Health Districts (RCAHD) announced that RCAHD has identified a total of 50 confirmed primary cases and 2 secondary cases.  There have been at least 31 hospitalizations and unfortunately 3 deaths. RCAHD stresses that hepatitis A is a preventable disease. RCAHD urges everyone to consistently practice good hand washing […]

Hepatitis A
November 02, 2021

CDC:  It is time, past time, to change views on hepatitis A vaccines for food handlers

I will spare you the list of hepatitis A cases that I have been involved with since 1998 when I represented 30 people exposed in a Seattle, Washington Subway restaurant, including one child who suffered acute liver failure requiring an emergency liver transplant. There have been dozens in the last 23 years, many with tragic […]

Hepatitis A
October 29, 2021

ProPublica: America’s Food Safety System Failed to Stop a Salmonella Epidemic. It’s Still Making People Sick.

Thank you ProPublica for the searing story about industry’s and government’s failures: “America’s Food Safety System Failed to Stop a Salmonella Epidemic. It’s Still Making People Sick” I filed the petition more than a year ago, on Jan. 19, 2020, with USDA’s Food Safety and Inspection Service (FSIS), on behalf of Rick Schiller, Steven Romes, […]

Salmonella
October 28, 2021

NCBI seems to say Salmonella Sushi and Onion outbreaks have grown to over 160 and nearly 800

Ya gotta love science. The National Center for Biotechnology Information (NCBI) shows: Sushi 163 Isolates (150 clinical, 13 “environmental swab from seafood manufacturer”) Distance between selected isolates: minimum = 0 SNPs, maximum = 5 SNPs, average = 1 SNPs Target creation date range: 2019-01-28 to 2021-10-15 The sushi outbreak cluster is within a much larger cluster […]

Salmonella
October 26, 2021

At least 50 with Hepatitis A linked to Famous Anthony’s – 31 hospitalized and 2 deaths

49 cases and 1 secondary case of Hepatitis-A have been connected to an outbreak that started with the diagnosis of a restaurant employee.  There has been at least 31 hospitalized and 1 reported death.  Unfortunately, another death will be reported shortly.  We are now representing 23 Roanoke residents. But according to the Roanoke City and Alleghany […]

Hepatitis A
1 ••• 76 77 78 79 80 ••• 523