Marler Blog

January 29, 2026

Hey, Infant Formula Industry – It is past time to get your Shit together

This is simply unacceptable. This botulism outbreak, frankly any outbreak that sickens babies, should never have happened. We can do more to protect the most vulnerable. The stork in “operation stork speed” clearly flew into a brick wall and crash landed. This child’s parents bought ByHeart Infant Formula at a Walmart. ByHeart utilized powdered organic […]

January 21, 2025

Boar’s Head’s food safety and quality promises are nothing more than “commercial puffery”

So says its lawyers. Puffery or promises? The lawyers for Boar’s Head have moved to dismiss certain claims brought against their client on behalf of a family whose mother died from Listeria – tainted Boars Head Liverwurst.   As its lawyers say: “Plaintiff has brought a negligence per se claim based on Virginia Code § 3.2-5126, […]

Listeria
January 18, 2025

Another Deadly Listeria Outbreak linked to Ready to Eat Meat

Since the last update on November 22, 2024, eight new illnesses were reported from five states. These sick people were identified after food and environmental sampling found a second strain of Listeria. As of December 5, 2024, 19 people from eight states have been infected with the outbreak strains of Listeria. Sick people’s samples were […]

Listeria
January 18, 2025

FDA takes on Hepatitis A and Norovirus in imported Berries

Outbreaks of enteric virus infections, including hepatitis A virus (HAV) and norovirus (NoV) have been linked to fresh and frozen berries in the United States and globally. While no enteric virus outbreaks associated with domestic berries have been reported in 35 yearsExternal Link Disclaimer, there have been reported outbreaks linked to imported fresh and frozen berries. Contamination can be the […]

Norovirus Hepatitis A
January 18, 2025

Taylor Farms found to be link in E. coli Outbreak

Taylor Farm’s slivered onions have been linked to an E. coli outbreak that sickened over 100, putting 1 man in an early grave. The FDA inspection report – redacted – makes an interesting read – Full Report: Taylor Farms Colorado, Inc. of Colorado Springs, Colorado FDA Inspection Report. FDA inspectors said over a two week […]

E. coli Listeria
January 18, 2025

Deadly NetCost Deli Market Listeria Outbreak

The CDC, public health and regulatory officials in several states, the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS), and the U.S. Food and Drug Administration (FDA) investigated a multistate outbreak of Listeria monocytogenes infections.  Epidemiologic and laboratory data showed that meat and cheese from deli counters made people sick. A single deli or food […]

Listeria
January 18, 2025

Boar’s Head Listeria Outbreak Revisited

On July 12, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) launched an investigation into a multistate outbreak of listeriosis linked to retail-sliced deli meats. The investigation was triggered when the Maryland Department of Health detected Listeria monocytogenes in a sample of liverwurst. In response, the Maryland Department of Health, in collaboration […]

Listeria
January 17, 2025

Consumer Reports takes on Salmonella

In a comment letter filed with the USDA today, Consumer Reports called on the agency to strengthen its proposed regulatory framework that would keep poultry contaminated with Salmonella above a certain level off the market and subject to recall. The framework is urgently needed, given the large number of poultry plants that pose a higher risk of […]

Salmonella
January 17, 2025

90 people sick by E. coli tainted Romain Lettuce and the FDA still will not reveal source

What we do know. Outbreak posting was 12/4/2024 as an E. coli 
O157:H7 event now tied to Romaine 
Lettuce.* The FDA says that 88 are sick and that the investigation is still Active and the notes that 
Traceback
, 
Inspection
 and Sampling has been 
Initiated. *Earlier the FDA said: The FDA and CDC, in collaboration with […]

E. coli
January 16, 2025

Another Listeria Outbreak brewing on top of another one – what you need to know

A new Listeria monocytogenes outbreak from an unknown source has been detected by the Food and Drug Administration. At least 34 patients are confirmed in the outbreak, which was first posted by the FDA on Jan. 15. The agency has begun traceback but has not reported what foods are being traced. The FDA has not […]

Listeria
January 12, 2025

A Salmonella Snack from the past – Veggie Booty

I keep bumping into defense lawyers that were involved in this 2007 Salmonella Outbreak – Small World. Public health officials in OutbreakNet (the network of epidemiologists and other public health officials, facilitated by CDC, who investigate outbreaks of foodborne, waterborne, and other enteric illnesses nationwide) are investigating a multi-state outbreak of Salmonella Wandsworth infections. Salmonella Wandsworth is a rare […]

Salmonella
January 11, 2025

Has FSIS been “asleep at the switch” since 2022? How could they let Boar’s Head operate like this?

And, where is the Inspector General’s Report? And, where are the Congressional Hearings? Here is the final paragraph from the USDA/FISS Food Safety Assessment of the Boar’s Head in 2022 plant that in 2024 would sicken 61 – killing 10 with Listeria-tainted Liverwurst: An analysis of the [below] stated NRs (non-compliances) indicates when not adequately […]

Listeria
January 10, 2025

FDA finds Taylor Farms Colorado did not pass muster

The slivered onions have been linked to an E. coli outbreak that sickened over 100, putting 1 man in an early grave. The FDA inspection report – redacted – makes an interesting read – full report below. OBSERVATION 1You did not implement your sanitation preventive control, monitoring, corrective action and verification OBSERVATION 2You did not […]

E. coli
January 10, 2025

FSIS confirms that the Boar’s Head Plant it inspected for years was a hot mess

FSIS published a report on the why’s of the outbreak and a list of things it intends to do to prevent another “Boar’s Head” FSIS Assessment of Factors Contributing to Outbreak Associated with Boar’s Head Establishment M12612 M12612 is a large establishment in Jarratt, VA, that received its grant of inspection in April 1984. The […]

Listeria
January 09, 2025

Canada (not our 51st State) reduced Salmonella illnesses by reducing Salmonella on Chicken – go figure.

Perhaps we should become Canada’s 11th Province? The full article is worth a read. Nontyphoidal Salmonella enterica infections are a leading cause of enteric disease in Canada, most commonly associated with foodborne exposures. Raw frozen breaded chicken products (FBCP) have been implicated in 16 Salmonella outbreaks between 2017 and 2019. This study quantified the impact of the 1 April […]

Salmonella
January 09, 2025

GAO: FDA Should Strengthen Inspection Efforts to Protect the U.S. Food Supply

The Food and Drug Administration (FDA) conducted thousands of routine surveillance food safety inspections of domestic and foreign food facilities from fiscal year 2018 through fiscal year 2023 (see fig.). According to GAO’s analysis of FDA data, FDA conducted an average of 8,353 domestic inspections per year and an average of 917 foreign inspections per […]

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