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 […]

February 19, 2012

Well, Perhaps Jimmy John’s, a.k.a. restaurant chain (Chain A)” in 2009 has had Five Sprout Outbreaks since 2008

One Jimmy John’s sprout outbreak was listed by the CDC in 2009 as “restaurant chain (Chain A).” Multistate Jimmy John’s Restaurants Raw Clover Sprouts 2011 12 Sickened – On February 15, 2012, the Centers for Disease Control announced an ongoing investigation into illnesses linked to the consumption of raw clover sprouts consumed at Jimmy John’s […]

E. coli Salmonella
February 19, 2012

Taco Bell – (a.k.a., Mexican-style fast food restaurant chain, Restaurant Chain A) sued by Oklahoma customer

Despite attempting to hide behind the “Restaurant Chain A” mask, it was really not very difficult to figure out that where Leah Smith was sickened was an Oklahoma Taco Bell.  (See, Taco Bell Complaint PDF) Multistate Taco Bell Restaurant Chain Unknown 2011 – 68 Ill – (CDC continues to call this outbreak “Mexican-style fast food […]

E. coli Salmonella
February 18, 2012

Shankstead EcoFarm – The Family Cow Dairy – Largest Raw Milk Outbreak in Pennsylvania

The number of people sickened by raw milk linked to a Franklin County farm has climbed to 77, possibly making it the largest outbreak in Pennsylvania history. Pennsylvania Department of Health officials said Thursday that the total number of cases continued to increase. The department has identified 67 cases in Pennsylvania, five in Maryland, two […]

Campylobacter
February 18, 2012

The Deadly 2011 Cantaloupe Listeria Outbreak – My View Part 5

This list is not intended to be an exhaustive review of the many failures, violations, and non-compliances that a rigorous audit should have identified.  Again, the condition of Jensen’s facility on review by the FDA and Colorado State officials simply cannot be reconciled with the glowing review that Mr. Dilorio gave the facility and farms […]

Listeria
February 18, 2012

Food Safety – Do Not be a “Penny Wise and a Pound Foolish”

We should consider saving the U.S. Department of Agriculture’s  Microbiological Data Program.

Attorney Videos
February 17, 2012

The Deadly 2011 Cantaloupe Listeria Outbreak – My View Part 4

As has been widely reported, Jensen Farms facility was audited by Primus Labs’[1] agent Bio Food Safety on July 25, 2011, mere days before the first illness was reported.  Auditor James Dilorio gave the facility a “superior” rating, and a score of 96%, noting that many of the pieces of equipment, and many of the […]

Listeria
February 16, 2012

Complete Patient outs Claravale Farm as Source of Outbreak – Likely Campylobacter

Social media will one day win a Pulitzer for giving people information long before the mainstream media (including, Food Safety News) even wakes up.  Thanks to the folks (Pope David) at Complete Patient for doing such a public service.  Here are some hot comments on what appears to be happening at Claravale Farm in California […]

Campylobacter
February 16, 2012

So, does the CDC not like Jimmy John’s Sandwiches or just like Taco Bell’s Tacos more?

Or, is it hopefully something else? First, lets be clear, confidential patient information should never be disclosed absent the patient agreeing to it.  And, second, a report should not be issued if there is no outbreak linked to a product and/or manufacturer.  However, once an outbreak is tied to a particular product or manufacturer, the […]

E. coli Salmonella
February 16, 2012

The Deadly 2011 Cantaloupe Listeria Outbreak – My View Part 3

A.  The outbreak’s “rogue elements”: the actions and inaction of others in the supply chain, and third parties, in bringing heavily contaminated fruit to market. Jensen Farms’ inexcusable failures were its own, and certainly nobody will convince a jury that Jensen is blameless.  The question of causation, however, and whose actions and inactions caused or […]

Listeria
February 15, 2012

At 76 Shankstead EcoFarm – The Family Cow Tops Pennsylvania Raw Milk Outbreaks

According to press reports, raw milk produced at The Family Cow farm is the source of the most severe outbreak of sickness linked to raw milk in Pennsylvania in five years. The Pennsylvania Department of Health reported on Wednesday reported five more confirmed cases of campylobacteriosis, bringing the four-state total to 76. The two previous […]

Campylobacter
February 15, 2012

Perhaps the FSIS Inspectors just didn’t have the stomach for it?

So, really, who would even want to inspect Tripe, Feet and Uteri? FSIS announced today that JAA Meat Products Corporation, a Maywood, Calif. establishment, is recalling an undetermined amount of meat and poultry products because they may have been produced without the benefit of federal inspection.  30-pound and 22-pound cases of the following products produced […]

Lawyer Op-Ed
February 15, 2012

E. coli O26 Linked to Jimmy Johns Sprouts in Iowa, Missouri, Kansas, Arkansas and Wisconsin

Jimmy Johns – It is time to stop with the sprouts. The CDC just reports a total of 12 persons infected with the outbreak strain of E. coli STEC O26 have been reported from 5 states. The number of ill persons identified in each state is as follows: Iowa (5), Missouri (3), Kansas (2), Arkansas […]

E. coli HUS
February 15, 2012

The Deadly 2011 Cantaloupe Listeria Outbreak – My View Part 2

The FDA’s Investigation at Jensen Farms On September 10, 2011, with Colorado state officials, the FDA conducted an inspection at Jensen Farms and collected multiple samples, both product and environmental, for laboratory testing.  Of the 39 environmental swabs collected from within the Jensen Farms packing facility, 13 were confirmed positive for Listeria monocytogenes with PFGE […]

Listeria
February 15, 2012

It is time for a Raw Milk Warning Label

In the wake of a 65-person (now 71) Campylobacter outbreak linked to unpasteurized (raw) milk produced by Scotland, Pennsylvania-based dairy, The Family Cow, food safety advocate and attorney William Marler is calling for warning labels to be placed on all raw milk products. According to Food Safety News, The Family Cow is currently working to […]

Campylobacter Salmonella
February 15, 2012

Perhaps it is time for USDA and FDA to merge, or at least get on the same page

Chris Ingalls’s final part to his story “Mold at WA food plant reveals flaws in food safety net” underscores the need to consider a single food safety agency or at a minimum to get the USDA and FDA working together. So says, “Bill Marler, a Seattle attorney and renowned food safety advocate (blush).”

Attorney Videos Case News
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