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 […]

January 30, 2012

Sharon Jones, Listeria Cantaloupe Victim No. 32, passed peacefully last night at 11:22 pm – She was with her two sisters

Or, 33, if you are going to count miscarriages – all included in the 146 the CDC counted.  People should not die from eating cantaloupe. Sharon Kay Jones, 62, of Castle Rock, died on January 29, 2012 from complications of breast cancer and Listeria. The oldest of 6 children, she was born May 18, 1949 […]

Listeria
January 30, 2012

Despite Denials by Family Cow Customers, PA and MD Health Departments Link Campylobacter to Raw Milk Consumption

According to press reports, the number of people confirmed sickened by raw milk from a Franklin County Pennsylvania store is on the rise. Last week, the Pennsylvania and Maryland State Health Departments issued an advisory that raw milk sold by The Family Cow store in Chambersburg may contain harmful bacteria. Raw milk is milk that […]

Campylobacter
January 29, 2012

CDC, FDA and 10 State Health Departments still withholding the name of “Mexican-style fast food restaurant chain, Restaurant Chain A” linked to Salmonella Outbreak – UPDATED

In journalism, the “Five Ws and one H” – Who, What, When, Where, Why and How are regarded as the basics of information gathering for news. Perhaps, it is time to do a little journalism? Who became Ill?  A total of 68 individuals infected with the outbreak strain of Salmonella Enteritidis have been reported from […]

Salmonella
January 28, 2012

What is Utah and New Hampshire Agriculture afraid of?

This past week, I read Utah’s S.B. 34 titled “Production and Sale of food in Utah Revisions,” along with its New Hampshire counterpart, H.B. 1650-FN, called “Commerce in Food in New Hampshire.”  As any lawyer would, I immediately asked myself, “what are these pieces of legislation really trying to do,” and, of course, “are they […]

Lawyer Op-Ed
January 28, 2012

Marler Quote of the Week: On Bagged Salad and Vegas Swimming Pools

Deborah Schoch, of the CHCF Center for Health Reporting, writing for the LA Times gave me some space in her story, “Salad industry on hunt for solution to tainted greens.” One of the biggest hurdles facing scientists now is how salad bagging works. Thousands upon thousands of salad leaves are taken to a central plant, […]

E. coli
January 28, 2012

Hannaford’s “high-risk practices” Likely Lead to Salmonella Outbreak

Hannaford’s was implicated in a 19-victim, 7-state outbreak of Salmonella Typhimurium outbreak that was likely the result of “high-risk practices;” so says the USDA’s FSIS.  Hannaford’s stores did not keep grinding records that showed the source of all the trimmings that they used when they ground their beef for resale, and the result is, will […]

Salmonella
January 27, 2012

Pennsylvania Family Cow Dairy Linked to Six Campylobacter Cases

The Maryland Department of Health and Mental Hygiene is reporting multiple Campylobacter infection cases associated with consumption of raw (unpasteurized) milk from the Family Cow dairy store in Chambersburg, PA. DHMH, in conjunction with the Pennsylvania Department of Health, advises consumers that milk recently purchased from this store may contain harmful bacteria. To date, there […]

Campylobacter E. coli +1
January 27, 2012

There are Some Rotten (Listeria) Eggs Out There – Sysco Recall

This found its way into my inbox tonight: URGENT – MICHAEL FOODS INC PRODUCT RECALL IMMEDIATE ACTION NECESSARY INTERNAL CORRESPONDENCE – DO NOT FORWARD Sysco Quality Assurance received notification that MICHAEL FOODS, INC., is conducting a voluntary product RECALL of hard-cook egg product. The reason for the RECALL is due to a presumptive positive for […]

Listeria
January 27, 2012

Listeria-tainted Julienne Salad Recalled

18th Street Deli Inc., a Hamtramck, Mich., establishment, is recalling approximately 118 pounds of julienne salad products with turkey, ham and hard-boiled eggs. The salads contain eggs that are the subject of an FDA recall due to contamination with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The […]

Listeria
January 26, 2012

A “Silver Bullet” for Salmonella Cantaloupe – Hot Water?

Not sure about Listeria – 146 sick with 32 dead. According to the USDA, the use of hot water as a method to decontaminate cantaloupe is more effective than various other washing and physical treatments tested to date.  The work presented in a USDA article demonstrates the utility of surface pasteurization to greatly reduce levels […]

Salmonella Listeria +1
January 26, 2012

MA: Ooops, No Brucellosis in Human or Raw Milk

Food Safety News reports, a Massachusetts resident who first tested positive for brucellosis has now been confirmed to not have the infection, according to an email from the assistant commissioner of the Massachusetts Department of Agricultural Resources (MDAR). “While initial test results did show up positive, further, more specific and accurate testing by the CDC […]

Brucella
January 26, 2012

Listeria Risk: Deli Turkey & Ham Footlong Sandwiches Recalled

On January 25, 2012, it was announced that Anytime Deli Turkey & Ham Footlong Sandwiches are being recalled due to potential Listeria monocytogenes contamination. The sub sandwiches were distributed on January 2nd and 3rd to convenience stores in Florida and South Georgia. The sandwiches being recalled have expirations dates of January 19 and January 22 […]

Listeria
January 26, 2012

Criminal Indictments in Food Cases – “Rare as Hen’s Teeth”

Well, if asked that’s what I would have said. Matt Campbell of the Kansas City Star reported this morning that two executives of now bankrupt, Hitchin Post Steak Co., were indicted Wednesday on charges of selling misbranded and adulterated poultry products across the country. Craig Cunningham and Jason Cunningham indictment alleges incidents between March and […]

Salmonella Listeria
January 25, 2012

Settlements Reached in E. coli O157:H7 Cases Involving Unnamed Restaurant Supplied by Unnamed Lettuce Suppliers

So, how useful is this information?  This is from an actual case: At first glance, it appeared that the E. coli O157:H7 infections experienced by two young girls whose parents retained us in 2010 were simply part of a small cluster of cases occurring in two California Counties. Both girls developed hemolytic uremic syndrome (HUS). […]

E. coli HUS
January 24, 2012

Mill Stream Ordered to Destroy Salmon due to Listeria monocytogenes

Mill Stream Corp., a Maine food processing and storage company destroyed its cold smoked salmon product under the supervision of the U.S. Food and Drug Administration (FDA) after inspectors found Listeria monocytogenes within the firm’s facility and on processing equipment. Based on conditions FDA investigators ordered an administrative detention of the firm’s cold-smoked salmon product, […]

Listeria
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