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 […]

August 20, 2019

FSIS – It knows your chicken is tainted, which is why it tells you not to wash it – But, its not Adulterated?

By warning you not to wash chicken (or other poultry), FSIS correctly recognizes the risk of cross-contamination in your kitchen and the risk that it poses to you and your family – especially children and the elderly.  But, why does it continue to allow companies to knowingly sell us Salmonella-tainted poultry? Personally, as I said […]

E. coli Salmonella
August 20, 2019

FSIS – Do Not Wash Poultry

A study from the U.S. Department of Agriculture (USDA) reveals that individuals are putting themselves at risk of illness when they wash or rinse raw poultry. “Cooking and mealtime is a special occasion for all of us as we come together with our families and friends,” said Dr. Mindy Brashears, the USDA’s Deputy Under Secretary […]

Case News
August 19, 2019

A parent’s nightmare on a Christmas Eve

I am working on yet another E. coli HUS case linked to a food product that should never had been tainted in the first place.  I had asked a parent of a client to give me a sense of the worst of the many bad times.  I deleted information that could identify the case. On […]

E. coli HUS
August 18, 2019

FDA says raw pet treats with Salmonella are a danger to humans, but what does FSIS say about Salmonella in human food?

CDC and FDA are now advising people not to buy or feed any pig ear dog treats to pets, including any that may already be in homes. People can get sick after handling the treats or caring for dogs who ate the treats. Dogs might get sick after eating them. Since the last update on […]

Salmonella
August 18, 2019

Why does the FDA worry about human contact with raw pet food, but FSIS does not have the same worry about human food?

From the FDA: Pet foods and treats contaminated with Salmonella and L. mono are of particular public health importance because they can affect both human and animal health. Pets can get sick from these pathogens and may also be carriers of the bacteria and pass it on to their human companions without appearing to be […]

Salmonella Listeria
August 16, 2019

Florida, Minnesota and New York linked to Mexico Basil Cyclospora Outbreak

CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration are investigating a multistate outbreak of Cyclospora infections linked to consumption of fresh basil exported by Siga Logistics de RL de CV of Morelos, Mexico. As of August 15, 2019, a total of 205 people with laboratory-confirmed Cyclospora infections associated with this outbreak […]

Cyclospora
August 16, 2019

Hitting Closer to Home: Confirmed Hepatitis A Case Closes Lynnwood Restaurant – Patrons are encouraged to contact healthcare provider for vaccine

The Snohomish Health District required the immediate closure of Ashiya Teriyaki located at 1233 164th St SW in Lynnwood following a confirmed case of hepatitis A in a foodworker. People who ate at this restaurant between August 2 and August 15 may be at risk for developing hepatitis A, and should contact their healthcare provider […]

Hepatitis A
August 14, 2019

Just a Wednesday – Yet another food service worker with hepatitis A putting thousands at risk

According to press reports, Franklin County health officials are planning mass hepatitis A vaccinations as the county grapples with an ongoing outbreak of the highly contagious liver infection. The Missouri Department of Health and Senior Services said Tuesday an employee at the Bob Evans restaurant in Washington, 3151 Phoenix Center Drive, was infected while working shifts […]

Hepatitis A
August 09, 2019

I hate E. coli Outbreaks, but love Litigation and Discovery

And, I really LOVE emails. Here is the CDC Abstract: Authors: Amelia Keaton, R. Hassan, S. Luna, I. Lee, R. Magalhaes, M. Bidlack, L. Smith, R. Maves, D. Freer, K. Flinn, G. Monk, P. Graf, K. Trinh, J. Crandall, D. Noveroske, G. Fortenberry, L. Ramos, R. Recio, C. Peak, E. McDonald, T. Waltz, K. Patel, D. […]

E. coli HUS
August 07, 2019

Damn, a restaurant proactively vaccinating employees against Hepatitis A – BEFORE a problem

Well, if this keeps up I may be out of business shortly. WEST PALM BEACH, Fla. — The owners of the Havana restaurant in West Palm Beach have come up with a proactive approach to get in front of the Hepatitis A outbreak. Rafael Perez said when he learned health officials had issued a public […]

Hepatitis A
August 07, 2019

Hey, Charlie Horse owner, Guy Ainnone, I will not sue you

“We need to be proactive if the state’s not going to be proactive and demand that anybody working in the food service industry be vaccinated.” Guy Ainnone As they say, better late than never, but the sentiments are correct.  This foodborne risk is an easy fix – “for goodness sake, vaccinate.”  Just in the last few […]

Hepatitis A
August 07, 2019

What happens in Vegas, stays in Vegas

Does that go for foodborne illnesses? 2019 Las Vegas Foodborne Illness Litigation from Bill Marler

Lawyer Op-Ed
August 07, 2019

This is responsible government – Food Handler Hepatitis A Vaccines Required

“business owners shouldn’t be concerned about the cost because there’s no price on customer safety” July 30, 2019 Dear Business Owner/Manager; The Franklin County Commission passed an order on July 30, 2019, that requires food handlers in Franklin County to have the Hepatitis A vaccination, including appropriate boosters. Food handler is defined as: Food Handler: […]

Hepatitis A
August 04, 2019

The New York Times, the Porter Family and Salmonella I 4,[5],12:i- not being an Adulterant

Thanks to the New York Times and Matt Richtel for “Tainted Pork, Ill Consumers and an Investigation Thwarted.” Like the story of another one of my clients by Michael Moss, “The Burger that Shattered Her Life,” I smell another Pulitzer Prize. It is good to put human faces on how important food safety is. Here is […]

Salmonella
July 31, 2019

Hey Washington restaurants, why not offer to vaccinate your food service workers?

Yesterday the Washington State Department of Health declared an outbreak of hepatitis A in multiple counties in people who are living homeless or who use drugs. The outbreak includes 13 confirmed cases: nine in Spokane County, two in King County, one in Snohomish County and one in Pend Oreille County. The statewide case count will […]

Hepatitis A
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