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 […]

December 14, 2024

What Listeria Litigation against Boar’s Head will tell us all

It will be interesting to put the boar under oath. As of November 19, a total of 61 people infected with the outbreak strain  of Listeria were reported from 19 states: Arizona 1, Florida 3, Georgia 2, Illinois 1, Indiana 1, Louisiana 1, Massachusetts 3, Maryland 8, Minnesota 1, Missouri 3, North Carolina 1, New Jersey 6, […]

Listeria
December 14, 2024

E. coli O157:H7 Outbreak that has sickened at least 75 appears to have hit the Midwest

FDA, CDC and state health authorities remain mum on who made the iceberg and romaine lettuce blend. At this point, keeping things quiet is more than a bit perplexing. As of early December, whole genome sequencing (WGS) had shown that an E. coli O157:H7 outbreak thought to be limited to St. Louis, Missouri had spread across six […]

E. coli HUS
December 13, 2024

Marler Clark assists in World’s Largest and Deadliest Listeria Outbreak

In 2017 and 2018, the world’s largest and deadliest outbreak of listeriosis occurred in multiple provinces of South Africa (Figure 1). The outbreak was caused by contaminated polony, a ready-to-eat, processed meat product. Ready-to-eat, processed meats are a well-known vehicle for listeriosis outbreaks (Thomas et al., 2020). The Minister of Health declared that there was […]

Listeria
December 13, 2024

CDC, FDA, FSIS weigh in on what foods sicken us with Salmonella, E. coli and Listeria

Each year in the United States an estimated 9 million people get sick, 56,000 are hospitalized, and 1,300 die of a foodborne disease caused by known pathogens. These estimates help highlight the scope of this public health problem. However, to develop effective prevention measures, food safety agencies and partners need to understand the types of […]

E. coli Salmonella +2
December 12, 2024

Washington State hit hard with E. coli Carrots and Salmonella Cucumbers

We are representing dozens of ill and have filed two lawsuits so far. Carrots: As of November 17, 2024, 39 people infected with the outbreak strain of E. coli have been reported from 18 states according to the CDC: Wyoming 1, Washington 8, Virginia 1, Texas 1, South Carolina 2, Pennsylvania 1, Oregon 3, Ohio 1, North […]

E. coli Salmonella +1
December 12, 2024

Marler Clark files first Salmonella Lawsuit in Cucumber Outbreak

https://www.marlerblog.com/files/2024/12/1-Complaint-1.pdf The FDA and CDC, in collaboration with state and local partners, are investigating a multistate outbreak of Salmonella Typhimurium infections linked to American/slicer cucumbers grown by Agrotato, S.A. de C.V. in Sonora, Mexico. According to the CDC, as of November 26, 2024, a total of 68 people infected with the outbreak strain of Salmonella have been reported from […]

Salmonella
December 12, 2024

CDC and FDA Outbreak Investigations this week

The FDA does give us a bit of Information on the status of its outbreak investigation. It is somewhat perplexing that they have identified the product – Iceberg and Romaine Lettuce Blend that has sickened at least 75 – but have not released any details – although all in the food space are talking. The […]

Case News
December 10, 2024

Retailers Sprouts, Lazy Acres, Frazier Farms, Jimbo’s and New Leaf named in Lawsuits linked to 171 with Salmonella from Raw Milk

On October 18, 2023, an investigation of an outbreak associated with Raw Farm, LLC products was initiated. At least eight Salmonella cases who had reported consuming raw milk from Raw Farm, LLC of Fresno County, California, were discovered and reported to the California Department of Public Health (CDPH). Another nine cases from another county were discovered to be […]

Salmonella Campylobacter
December 10, 2024

Marler Clark to file first Cucumber Salmonella Lawsuit in Federal Court

The FDA and CDC, in collaboration with state and local partners, are investigating a multistate outbreak of Salmonella Typhimurium infections linked to American/slicer cucumbers grown by Agrotato, S.A. de C.V. in Sonora, Mexico. According to the CDC, as of November 26, 2024, a total of 68 people infected with the outbreak strain of Salmonella have been reported from 19 […]

Salmonella
December 09, 2024

Iceberg and Romaine Lettuce blend linked to growing E. coli Outbreak in multiple States

The FDA and CDC, in collaboration with state and local partners are investigating illnesses in a multistate outbreak of E. coli O157:H7 infections linked to an iceberg and romaine lettuce blend served at catering events, restaurants, and a school. Based on epidemiological information collected by CDC, a total of 69 people infected with the same strain of E. […]

E. coli HUS
December 08, 2024

Hey, RFK, your “Raw Milk Czar” has had a few E. coli issues

A total of 11 people infected with the outbreak strain of E. coli were reported from 5 states. Illnesses started on dates ranging from October 18, 2023, to February 5, 2024. Of 11 people with information available, 5 were hospitalized and 2 developed hemolytic uremic syndrome, a serious condition that can cause kidney failure. No […]

E. coli HUS
December 08, 2024

Listeria makes meat not ready to eat

We have had a few nasty – and fully preventable – Listeria Outbreaks this year. Yu Shang Food Listeria Outbreak As of November 22, 2024, 11 people infected with the outbreak strain of Listeria have been reported from four states: California (7), Illinois (2), New York (1) and New Jersey (1). Sick people’s samples were collected from October 24, […]

Listeria
December 08, 2024

Onions linked once again to a Foodborne Illness Outbreak – I wonder why?

McDonald’s E. coli Outbreak As of November 13, 2024, 104 people infected with the outbreak strain of E. coli O157:H7 have been reported from 14 states: Colorado 30, Montana 19, Wyoming 6, Kansas 3, North Carolina 1, Iowa 1, Missouri 8, Michigan 1, Nebraska 12, New Mexico 10, Oregon 1, Utah 8, Washington 1 and Wisconsin 1. Of 98 […]

E. coli HUS
December 08, 2024

Raw Eggs and Eggnog – A Risky Mix

Tis the season for another reminder that raw eggs can be risky. Milo’s Poultry Farms Egg Salmonella Outbreak As of October 17, 2024, a total of 93 people infected with the outbreak strain of Salmonella have been reported from 12 states: Arizona, California, Iowa, Illinois, Michigan, Wisconsin, Minnesota, New York, Oregon, Utah, Virginia and Colorado. Illnesses started on dates […]

Salmonella
December 08, 2024

Please, cook your burgers to at least 155 degrees

After E. coli O157:H7 was deemed an adulterant in 1994 and after the US Food Code increased internal cook temperatures for hamburgers from 140 to 155 (USDA suggests 160), E. coli cases became a smaller and smaller part of my law firm’s diet. Well, restaurants are taking their eye off the thermometer and business is […]

E. coli HUS
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