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 28, 2025

My Client died after a 16 month long battle with Listeria

Hello, FDA, CDC and the State of Texas – time to reopen this investigation. My client, John, died a few days ago. He was a 56-year-old resident of Texas with no underlying illnesses when he developed listeriosis on July 16, 2024. Complications of that infection severely and permanently compromised his cognitive function. His Listeria monocytogenes isolate has […]

Case News Listeria Attorney +2
November 28, 2025

ByHeart Iowa – Where your Botulism Infant Formula was likely Manufactured

I wonder who did third-party auditing? Did retailers – online or big box – ever do an independent audit? Subpoenas to follow. Inspection Report 2025 (Exhibits not provided) – “At the close-out of the inspection, a Form FDA 483, Inspectional Observations, was issued for 3 items, along with a ‘Additional Observations,’ and 7 ‘General Discussion with […]

Case News Botulism Attorney +2
November 28, 2025

ByHeart Iowa – Where your Botulism Infant Formula was likely Manufactured

I wonder who did third-party auditing? Did retailers – online or big box – ever do an independent audit? Subpoenas to follow. Inspection Report 2025 (Exhibits not provided) – “At the close-out of the inspection, a Form FDA 483, Inspectional Observations, was issued for 3 items, along with a ‘Additional Observations,’ and 7 ‘General Discussion with […]

Case News Botulism Attorney +2
November 28, 2025

FDA Inspections of ByHeart Reading 2022, 2023, 2024 and 2025 – Facility Closed pre-Botulism Outbreak

This plant was shuttered before the Botulism Outbreak – for good reasons. Warning Letter 2023 Inspection Report 2022 (483 not issued and Exhibits not provided) Inspection Report 2023 (Exhibits not provided) 483 2023 Inspection Report 2024 (Exhibits not provided) 483 2024

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November 28, 2025

FDA Inspections of ByHeart Reading 2022, 2023, 2024 and 2025 – Facility Closed pre-Botulism Outbreak

This plant was shuttered before the Botulism Outbreak – for good reasons. Warning Letter 2023 Inspection Report 2022 (483 not issued and Exhibits not provided) Inspection Report 2023 (Exhibits not provided) 483 2023 Inspection Report 2024 (Exhibits not provided) 483 2024

Case News bill marler
November 28, 2025

FDA Inspections of ByHeart Allerton 2022, 2023, 2024 and 2025 – “not held under conditions to prevent adulteration”

The FDA produced this 2022 483 inspection report – presumably the location of the facility purchased by ByHeart. Inspection Report 2023 (483 not provided and Exhibits not provided) – “You did not maintain a building used in the manufacture, processing, packing or holding of infant formula in a plain and sanitary condition.” “In informed all […]

Case News Food Safety Attorney +2
November 28, 2025

FDA Inspections of ByHeart Allerton 2022, 2023, 2024 and 2025 – “not held under conditions to prevent adulteration”

The FDA produced this 2022 483 inspection report – presumably the location of the facility purchased by ByHeart. Inspection Report 2023 (483 not provided and Exhibits not provided) – “You did not maintain a building used in the manufacture, processing, packing or holding of infant formula in a plain and sanitary condition.” “In informed all […]

Case News Food Safety Attorney +2
November 28, 2025

FDA Inspections of ByHeart Portland 2024 and 2025 – Consumer Complaints of Salmonella, Campylobacter and E. coli

2024 seemed uneventful. 2025 – Consumer complaints of infant illnesses – Salmonella – 8 Complaints, Campylobacter – 1 Complaint 1, E. coli 1 Complaint.

Case News Food Safety Attorney +2
November 28, 2025

FDA Inspections of ByHeart Portland 2024 and 2025 – Consumer Complaints of Salmonella, Campylobacter and E. coli

2024 seemed uneventful. 2025 – Consumer complaints of infant illnesses – Salmonella – 8 Complaints, Campylobacter – 1 Complaint 1, E. coli 1 Complaint.

Case News Food Safety Attorney +2
November 27, 2025

What make Clostridium botulinum (botulism) spores so hardy and deadly?

A Clostridium botulinum spore is a tough, dormant form of the Clostridium botulinum bacterium that allows it to survive in harsh environmental conditions for long periods. These spores are widespread in soil, dust, and marine sediments and are generally harmless in their dormant state.  Key Characteristics • Survival Mechanism: Spores act like a protective shell, encasing the key parts of the […]

Case News Botulism Attorney +2
November 27, 2025

Marler Clark retained to investigate E. coli Outbreak linked to Arizona State Fair petting zoo

Parents in Arizona are reporting that their children became infected with E. coli after interaction with animals at the Arizona State Fair petting zoo. A non-profit group that works with parents of children infected with the bacteria says at least four children have been hospitalized. All four families told the group — Parker’s Promise — that their […]

Case News E. coli Attorney +2
November 26, 2025

We, all of us, need to rethink how we produce infant formula in the U.S. – Botulism should not be an option

The FDA has released documents showing that unsanitary conditions at a production plant for ByHeart infant formula and positive tests for pathogens have been going on since at least 2022. The company is currently under investigation because of an outbreak of infant botulism traced to its powdered infant formula.  As of Nov. 26, there are […]

Case News Botulism Attorney +2
November 26, 2025

We, all of us, need to rethink how we produce infant formula in the U.S. – Botulism should not be an option

The FDA has released documents showing that unsanitary conditions at a production plant for ByHeart infant formula and positive tests for pathogens have been going on since at least 2022. The company is currently under investigation because of an outbreak of infant botulism traced to its powdered infant formula.  As of Nov. 26, there are […]

Case News Botulism Attorney +2
November 26, 2025

ByHeart Infant Botulism Cases Jump to 37 in 17 States – International Warnings

We have been retained by 27 families whose infants consumed ByHeart formula. Some of these infants became ill in late 2024 and early to mid 2025. Updated Case Count: Arizona 3, California 5, Idaho 1, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 2, North Carolina 2, New Jersey 1, Oregon 3, Pennsylvania 1, Rhode Island 1, Texas 8, Washington 2 and Wisconsin 1.  The FDA and CDC, in […]

Case News Botulism Attorney +2
November 26, 2025

ByHeart Infant Botulism Cases Jump to 37 in 17 States – International Warnings

We have been retained by 27 families whose infants consumed ByHeart formula. Some of these infants became ill in late 2024 and early to mid 2025. Updated Case Count: Arizona 3, California 5, Idaho 1, Illinois 2, Kentucky 1, Massachusetts 2, Maine 1, Michigan 1, Minnesota 2, North Carolina 2, New Jersey 1, Oregon 3, Pennsylvania 1, Rhode Island 1, Texas 8, Washington 2 and Wisconsin 1.  The FDA and CDC, in […]

Case News Botulism Attorney +2
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