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 07, 2011

It is time to increase Foodborne Illness Surveillance before Terrorism comes calling

I was reading this morning yet another warning about using food as a vehicle of terrorism. This time it was Secretary of State Hillary Clinton warning of infectious disease outbreaks caused by pathogens falling into the wrong hands and into our food. She said: “Unfortunately the ability of terrorists and other non-state actors to develop […]

December 06, 2011

It is time for the American Meat Institute (AMI) to put consumer safety first

It is good for AMI members too. Beginning March 5, 2012, after years of discussion, Food Safety Inspection Services (FSIS) finally intends to do sampling and testing of manufacturing trim and other raw ground beef products, to ensure control of both E. coli O157:H7 and six other serotypess of STEC E. coli (O26, O45, O103, […]

December 05, 2011

Listeria Cantaloupe Outbreak New Numbers Due This Week

As of November 1, 2011, a total of 139 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 28 states. The number of infected persons identified in each state is as follows: Alabama (1), Arkansas (1), California (2), Colorado (39), Idaho (2), Illinois (3), Indiana (3), […]

December 05, 2011

This Week’s Speech – Poisons in our Food Supply

I get a chance to talk to a group of lawyers this week.  I know, you are jealous.  But, at least it is in Seattle a few blocks from my office. Poisons in the Food Chain by William Marler – 2011 WSAJ Winter Conference View more presentations from Bill Marler.

December 04, 2011

Raw Milk Week – Environmental Tests Results on Cozy Vale and Organic Pastures Due This Week

November was not a good month for Raw Milk nor at least eight consumers.  Two dairies – one small and one large – that sell commercially at retail were linked to E. coli O157:H7 illnesses.  Here are the details: Cozy Vale Creamery’s raw milk products were recalled because they were linked to three E. coli […]

December 01, 2011

Denver Post – Listeria outbreak traced to Colorado leaves damaged survivors in its wake

Michael Booth and the Denver Post should get the Pulitzer for their extensive coverage of the Colorado homegrown Listeria outbreak that is now the most deadly in U.S. recent history. But, they more deserve our thanks for telling the story of an amazing family – that is too much like yours and mine – to […]

December 01, 2011

Bruce Clark – an easy call – and I – a long shot – voted “Best Lawyers in Seattle” by our peers

So, we bought this for the back of the upcoming Seattle Magazine: Go to Amazon and buy the book – Poisoned – the story behind the Jack in the Box E. coli Outbreak. And, on the news front – it has been a long, long week: The Packer: Even the industry’s most ardent critic, Bill […]

December 01, 2011

Teaching in Colorado and Two Blog Awards – Please Vote!

I spent the afternoon in Boulder Colorado teaching three torts classes (combined)  Its great to see so many students interested in food and food safety.  All had read the book, Poisoned. I also learned that the results are in, and the LexisNexis Litigation Resource Community announced that Marler Blog is one of the LexisNexis Top […]

November 29, 2011

Third-party auditors added to Listeria Cantaloupe Lawsuit

I am on a plane (delayed flight) finally bound to Chicago via Minneapolis – tell me why I am going to a Food Litigation Conference in Chicago in November?  Last week we filed a wrongful death lawsuit on behalf of a woman who died before her time – from eating Listeria-tainted cantaloupe.  Here is my […]

November 28, 2011

Third Turkish Pine Nut Salmonella Lawsuit Filed in New York

This is the third lawsuit the firms have brought against New Jersey-based Turkish pine nut importer Sunrise Commodities. The complaint (#11CV6581T), filed in New York Federal District Court in Rochester, alleges that on October 18, 2011 Melissa Catalino and her six-year-old daughter consumed pine nuts that were purchased from a local Wegmans Food Mart. By […]

November 27, 2011

Raw Milk and Cheese Outbreaks 1998 to 2011 – 96 outbreaks with 1,666 illnesses

With two raw milk E. coli O157:H7 outbreaks in the news (one in Washington and one in California) that have sickened at least eight – five with Hemolytic Uremic Syndrome, I thought an updated chart of over a decade of raw milk and raw milk cheese outbreaks would be timely.  Download: Outbreaks from Unpasteurized (Raw) […]

November 27, 2011

Another Raw Milk Dairy E. coli Outbreak in Washington and a bad month for Raw Milk

Over Thanksgiving week, Cozy Vale Creamery’s raw milk products were recalled because they were linked to three E. coli O157:H7 illnesses and after environmental swabbing at the facility discovered that locations in the milking parlor and processing areas were contaminated with the E. coli O157:H7 bacteria.  At least two of those cases were children who […]

November 25, 2011

The Opinionator of the New York Times, Mark Bittman, what he is thankful for

Here is part (and surprisingly) said he was thankful for: There are days when it seems — both in and out of the food world — that Everything Is Going Wrong. That makes it easy enough to complain, and I’m not alone in doing so routinely. Nothing tastes the way it used to. Even pricey […]

November 24, 2011

Raw Milk Myth Buster 1 – Organic Pastures 2006 Raw Milk E. coli Outbreak was caused by Spinach

Myth: Organic Pastures and the Weston A. Price Foundation continue to repeat that the 2006 E. coli O157:H7 Raw Milk Product Outbreak was caused by Spinach. Fact: – 2006 Organic Pastures outbreak, illness onsets ranged from 9/6 to 9/24 – 5 patients had definite exposure to raw milk or raw milk products produced by Organic […]

November 24, 2011

Cozy Vale Creamery’s Raw Milk Linked to Three E. coli Illnesses in Washington

Environmental testing also positive. Cozy Vale Creamery’s raw milk products are being recalled because they may be contaminated with E. coli O157:H7 after being linked to three illnesses. The Cozy Vale Creamery’s whole and skim milk and cream are distributed through seven retail outlets in Pierce, Thurston and King counties. The products being recalled all […]

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