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 […]

September 29, 2021

Farmworker Women Call on the Biden-Harris Administration to Urgently Implement Heat Stress Illness Efforts

September 29, 2021: Alianza Nacional de Campesinas welcomes the Biden-Harris administration’s multi-pronged approach to address heat stress, and emphasizes the need to rapidly implement these efforts in a manner that upholds the rights of workers and communities. This cross-agency initiative plans to begin the rulemaking process to create a federal heat standard, provide cooling assistance […]

Case News
September 24, 2021

Is the silver lining of COVID a drop in food poisoning cases?

As of today 690,152, of our friends and neighbors have died from SARS-CoV-2 (COVID-19).  However, perhaps, at least in the foodborne illness space, there might be some good news? The CDC reported today on the Decreased Incidence of Infections Caused by Pathogens Transmitted Commonly Through Food During the COVID-19 Pandemic — Foodborne Diseases Active Surveillance […]

Salmonella Campylobacter +3
September 23, 2021

Is Cilantro the culprit in Nationwide Salmonella Outbreak?

Thus far, neither the CDC nor the FDA has implicated a specific food item. According to the CDC, n September 2, 2021, CDC identified an outbreak of 20 Salmonella Oranienburg infections. Since then, the outbreak has grown rapidly. As of September 21, 2021, 284 people infected with the outbreak strain of Salmonella Oranienburg have been […]

Salmonella
September 22, 2021

CDC, Tip o’ the Hat for the Tip o’ the Pen

In the next version of my life I want to be a CDC EIS officer chasing foodborne diseases in the footsteps of many of my heroes in the past and in the present who I have gotten to know since the Jack-in-the-Box E. coli Outbreak of 1993. Being an Epi-wannabe, I do tend to look […]

E. coli
September 16, 2021

The party is over with no clear link between E. coli and cake batter

CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration (FDA) are collecting different types of data to investigate a multistate outbreak of E. coli O121 infections linked to cake mix. As of July 27, 2021, 16 people infected with the outbreak strain of E. coli O121 have been reported […]

E. coli HUS
September 15, 2021

UCLA School of Medicine – Eat Drink and Be Wary: Modern Foodborne Infections and Food Safety for Savvy Clinicians

COVID has been a curse for most reasons, but it has allowed me to do more speaking with far less travel.  Here is a course I am speaking at on Saturday, and I have already done the speech – virtually.  Link: https://www.cme.ucla.edu/courses/event-description?registration_id=620979&client_view_p=f

Case News
September 14, 2021

Join into Food Safety Chat – Live this Friday

Link: https://www.linkedin.com/events/foodsafetychat-live6837432504794910720/?midToken=AQFubp517g-OAg&midSig=2Tv_DU46BnZpU1&trk=eml-email_attendee_confirmation_01-null-1-null&trkEmail=eml-email_attendee_confirmation_01-null-1-null-null-6xxdp~ktl1qwli~dm-null-neptune%2Fprofessional~event.overview

Lawyer Op-Ed
September 14, 2021

Canada moves to protect citizens from E. coli-tainted romaine lettuce from the Salinas Valley

To protect Canadians from possible health risks, the Canadian Food Inspection Agency (CFIA) is implementing temporary import conditions for romaine lettuce from the Salinas Valley (Santa Cruz, Santa Clara, San Benito, and Monterey) in California for the 2021 growing season. Between September 30 and December 31, 2021, importers of romaine lettuce and products containing romaine lettuce from the U.S. are required to provide proof […]

E. coli
September 09, 2021

Will I be going to a Food Safety Conference in China this year?

I starting going to this great conference n 2005 or 2006 (the years blend) and we have been proud to be a major sponsor over the years.  Last year I did my speech virtually due to COVID.  This year, likely do to our inability to keep COVID in check in the US, I will likely […]

Case News Lawyer Op-Ed
September 02, 2021

Request for update on Petition to deem Salmonella an Adulterant

August 19, 2021 Ms. Sandra Eskin Deputy Under Secretary for Food Safety Food Safety and Inspection Service 331-E Jamie Whitten Federal Bldg. 1400 Independence Avenue, SW Washington, D.C. 20250 Docket Clerk U.S. Department of Agriculture Food Safety and Inspection Service 1400 Independence Avenue, SW Mailstop 3782 Room 6065 Washington, D.C. 20250 Re: Requesting a Status […]

Salmonella
September 02, 2021

Broad Coalition Calls for Modernization of Poultry Food Safety at USDA to Reduce Illnesses

WASHINGTON—An unprecedented coalition of consumer groups, illness survivors, poultry industry leaders, academic scientists, and other food safety leaders are seeking a meeting with Agriculture Secretary Tom Vilsack to make a united case for a modernized, science-based regulatory approach to ensure the food safety of poultry products. Poultry producers Butterball, Perdue Farms, Tyson Foods, and Wayne […]

Salmonella Campylobacter
August 30, 2021

If a company refused a recall and the product then caused harm, would it be liable for punitive damages?

As I posted yesterday, I am still unclear why the FDA has not used its recall authority to force Felix Custom Smoking to recall the product that the FDA determined to be at risk of being tainted by the deadly pathogen, Listeria monocytogenes. Taking aside the weakness of the FDA (or whatever the cause of […]

Listeria
August 29, 2021

Hey FDA, Listeria can cause SAHCODHA ( Serious Adverse Health Consequences or Death to Humans or Animals)

So, why not use the authority granted under the FSMA and use the FDA’s mandatory recall authority? According to the FDA (Food and Drug Administration), before FSMA (Food Safety Modernization Act)was enacted, the FDA relied on responsible parties to voluntarily recall violative food products (except infant formula recalls which are described under section 412 of […]

Listeria
August 27, 2021

Medford Oregon area E. coli Outbreak sickens at least 14 with 10 hospitalized – cause unnanounced

Jackson County Public Health is investigating an unusually high number of Shiga toxin- producing Escherichia coli (STEC) cases. Since August 1, 2021, 14 cases have been reported to Jackson County, and 10 (71%) of these cases have been hospitalized. Urgent Flash Report_Shiga-toxigenic Escherichia coli_8.22.21  

E. coli HUS
August 18, 2021

Jimmy John’s 2020 “Sproutbreak” may have been as many as 70 sick with E. coli O103

When the CDC declared the Jimmy John’s E. coli O103 outbreak over at a total of 51 people infected with the outbreak strain of E. coli O103 reported from 10 states, that included only 3 counted in Iowa. According to the CDC, illnesses started on dates ranging from January 6, 2020, to March 15, 2020. […]

E. coli
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