Marler Blog

December 16, 2025

Surprised? Packaged Salads cause Listeria Outbreaks – 30 illnesses, 27 hospitalizations and 4 Deaths

The CDC describes 2 genetically unrelated outbreaks of Listeria monocytogenes infections (outbreak A and outbreak B) linked to packaged salads from 2 different firms that were investigated simultaneously in 2021. Combined, the outbreaks caused 30 illnesses, 27 hospitalizations, and 4 deaths over 8 years. Those investigations led to recalls of product from 2 different firms and highlight […]

December 15, 2025

Target, Walmart, Kroger and Albertson – are you greedy, stupid or both? You can’t get Botulism off your shelves?

Seriously, babies getting botulism and you cannot seem to get the poison off your shelves? If any of you sold this product AFTER the recall date, and a kid became ill, you are subject to punitive damages. Here are some excerpts from FDA Warning Letters of a few days ago. Links below are the full […]

Case News Botulism Attorney +2
December 15, 2025

What a Farmer needs to consider post-flood

We on the Western side of the Cascade Mountains have received a bit more rain and melting snow than usual. Major rivers of jumped their banks and some of the most productive agricultural areas are under water. My hope for a dryer week is quickly evaporating and more flooding is one the way I fear. […]

Case News Food Poisoning Attorney +2
December 14, 2025

FDA continues to Investigate Salmonella, Listeria and Botulism Outbreaks

What’s New The following investigations are now closed:

Case News Food Poisoning Attorney +2
December 14, 2025

FDA Closed Cyclospora Outbreak tied to Parsley and discloses no Grower, Processor, Shipper, Broker or Retailers

The FDA has closed an Outbreak Investigation of Cyclospora cayetanensis (ref #1325) linked to parsley.  According to the FDA, based on CDC’s epidemiological investigation, ill people reported eating food items or dishes that contained parsley before becoming sick. CDC, FDA, and state and local partners conducted epidemiologic and traceback investigations and collected and analyzed product and environmental […]

Case News Food Safety Attorney +2
December 14, 2025

What a top food safety expert won’t order for dinner

He’s worked on foodborne illnesses cases for decades. But even experts struggle to handle the risks. December 14, 2025 By Todd C. Frankel – What a top food safety expert won’t order for dinner Bill Marler studied the dinner menu with professional care as he sat down to eat recently at Ramsay’s Kitchen, an upscale restaurant […]

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December 13, 2025

What caused the ByHeart Botulism Outbreak that went on for years?

Contaminated supplies? Contaminated plaint? Lots of questions. According to recent reports, the FDA cannot rule out the possibility that contamination might have affected all ByHeart formula products. In response, CDC broadened the case definition to include any infant with botulism who was exposed to ByHeart formula at any time since the product’s release in March […]

Case News Botulism Attorney +2
December 12, 2025

63 in California with Salmonella linked to Vega Farms Eggs

The California Department of Public Health (CDPH) is warning consumers and businesses not to eat, serve or sell recalled in-shell eggs distributed by Vega Farms, Inc. Consumers should throw recalled eggs away or return to place of purchase for a refund, and businesses should not sell or serve recalled eggs.  CDPH is working with local […]

Case News Salmonella Attorney +2
December 12, 2025

We still need the risk of Criminal Sanctions in Food Poisoning Cases

As I wrote last Spring, I have tried to steer clear of politics with respect to the Felon in Chief, but this is nuts, or at least peanuts.  According to yet another edict from the White House, it is now the policy of the United States that: (a)  Criminal enforcement of criminal regulatory offenses is disfavored. (b)  […]

Case News Food Poisoning Attorney +2
December 11, 2025

Marler Clark to file 5th Botulism Lawsuit against ByHeart

Here are some of the details” H.M.’s Botulism Illness Here is the full complaint: https://www.marlerblog.com/files/2025/12/Mazziotti-Complaint.pdf

Case News Botulism Attorney +2
December 11, 2025

Lifting up my friend Dan and his Family

Death Never Scared Me. Not Living Fully—That Was the Terrifying Part. I write this in the past tense because tonight, at 8 p.m., I’ll be signing off. By that, I mean I will be moving forward with MAID—Medical Assistance in Dying. Two years ago, when I was diagnosed with pancreatic cancer, I knew I had […]

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December 11, 2025

FDA issues Class 1 recall for 3,482,131 cans and 3,531,901 single serve packets of ByHeart Infant Formula due to Botulism Risk

Class I recall: a situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death. # Product Description Recall Number Classification Code Information Product Quantity Reason for Recall 1 1. ByHeart Whole Nutrition Infant Formula cans 24 OZ 680 grams; Cans […]

Case News Botulism Attorney +2
December 11, 2025

Bill Marler: The Lawyer Who Changed the Way America Thinks About Food Safety

December 11, 2025 – About Insider When most people think about food safety, they picture government agencies, health inspectors, or warning labels on packaging. But behind some of the biggest changes in America’s food system is one man whose pursuit of justice turned tragedy into nationwide reform: Bill Marler, widely regarded as the most influential […]

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December 10, 2025

California, Texas and Arizona hardest hit in ByHeart Botulism Outbreak

States with illnesses: Arizona 5, California 12, Idaho 2, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 3, North Carolina 2, New Jersey 1, Ohio 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2 and Wisconsin 1. Illnesses occurred from December 2023 through December 2025. ByHeart infant […]

Case News Botulism Lawyer +1
December 10, 2025

A single food safety agency strikes again – where to send my Resume?

Hey, could I suggest a new administrator? DURBIN, DELAURO INTRODUCE THE FEDERAL FOOD ADMINISTRATION ACT WASHINGTON – Today, U.S. Senate Democratic Whip Dick Durbin (D-IL) and U.S. Representative Rosa DeLauro (D-CT-03) reintroduced the Federal Food Administration Act, legislation that would streamline our food safety system by consolidating the Food and Drug Administration’s (FDA) food oversight responsibilities […]

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December 10, 2025

ByHeart Botulism Outbreak jumps to 51 – Illnesses date from December 24, 2023 to December 1, 2025

States with illnesses: Arizona 5, California 12, Idaho 2, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 3, North Carolina 2, New Jersey 1, Ohio 1, Oregon 4, Pennsylvania 1, Rhode Island 1, Texas 8, Virginia 1, Washington 2 and Wisconsin 1. The FDA and CDC, in collaboration with the California Department […]

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