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 […]

November 23, 2011

Listeria Cantaloupe Wrongful Death Lawsuit filed in New Mexico against Jensen Farms, Frontera and Auditors Primus Labs and Bio Food Safety

Before her Listeriosis illness, the decedent, Florence Wilcox, was a 96-year-old resident of Hobbs, Lea County, New Mexico. Ms. Wilcox lived independently and remained very active. In fact, she was named 2011 “Patron of the Year” at the local public library. Ms. Wilcox frequently purchased and ate cantaloupes. On at least one occasion in the […]

November 22, 2011

179 Salmonella Heidelberg Illnesses in New York, New Jersey, Pennsylvania, Maryland, Ohio, and Minnesota Linked to Schreiber Processing

According to the CDC, between April 1 to November 16, 2011, a total of 179 illnesses due to Salmonella Heidelberg with this PFGE pattern were reported in states where the “kosher broiled chicken livers” were distributed. The number of ill persons identified in each state the product is distributed to is as follows: New York […]

November 21, 2011

Jensen Farms, and for that matter Frontera, are Strictly Liable for Selling Listeria-Tainted Cantaloupe – Criminal Charges Aside

Michael Booth and Jennifer Brown stepped into a conflicted area in their story today – “Criminal charges hard to pin on farm where listeria-tainted cantaloupes originated” – although the headline writers got it wrong. Although in my opinion the likelihood of felony charges is remote, misdemeanor charges are certainly a possibility.  Here is the law: […]

November 20, 2011

E. coli might be big this next week too – Salad Bars and Raw Milk

We are still following the St. Louis Missouri E. coli Outbreak that appears to be linked to  Schnuck’s Salad Bar Connection.  New numbers from the St. Louis Department of Health as of last week: Number of Missourians confirmed to have E. coli connected to the St. Louis investigation: 35 Number of food samples, connected to […]

November 20, 2011

A Busy Thanksgiving Week at Marler Clark – Lawsuits Salmonella Kosher Chicken Liver, Salmonella Turkish Pine Nuts and Listeria Colorado Cantaloupe

Although the office is closed this coming Thursday, we do have three days to get three lawsuits filed before I need to worry about cooking the turkey. Kosher Chicken Liver: The CDC identified a sustained increase in the number of Salmonella Heidelberg isolates with the outbreak strain reported to PulseNet from New York and New […]

November 19, 2011

2,792 sickened and 39 deaths by foodborne illness demand accountability

Food Safety News and yours truly received a nice “Shout-out” from Mark Bittman of the New York Times today as to things he is thankful for: 17.  And to Bill Marler, who, as the leading food safety attorney in the country, is trying to keep the things we grow from killing us. Check out Michele […]

November 18, 2011

St. Louis Missouri E. coli Update Schnuck’s Salad Bar Connection

New numbers from the St. Louis Department of Health: Number of Missourians confirmed to have E. coli connected to the St. Louis investigation: 35 Number of food samples, connected to the St. Louis outbreak, tested to date: 55 Number of food samples confirmed to have E. coli: 0

November 18, 2011

The Best Quote Ever

Bloomberg’s Stephanie Armour got the best quote ever in her article “Cantaloupe Deaths Point to Toilet-Paper Quality Inspections” about third-party audits: “You can make these audits useful by writing them on toilet paper. Then someone would at least use them,” said Mansour Samadpour, president of Lake Forest Park, Washington-based IEH Laboratories and Consulting Group, a […]

November 17, 2011

Sunrise Commodities Turkish Pine Nuts Linked to Salmonella Outbreak

A total of 43 individuals infected with the outbreak strain of Salmonella Enteritidis were reported from 5 states. Epidemiologic and laboratory investigations conducted by officials in local, state, and federal public health, agriculture, and regulatory agencies linked this outbreak to eating Turkish pine nuts sold in bulk bins at Wegmans grocery stores. Consumers should check […]

November 17, 2011

Ready Pac Food Recalls E. coli-tainted Lettuce

The California Department of Public Health (CDPH) warned on Thursday about bagged salad products from Ready Pac Food Inc. containing romaine lettuce that is possibly contaminated with E. coli. The voluntarily recalled romaine lettuce is packaged in 9 oz., 9.25 oz., 10 oz., 10.25 oz., and 16 oz. bags under the Ready Pac, Trader Joe’s, […]

November 17, 2011

Salmonella Peanut Butter – Again?

J.M. Smucker Co. is recalling some 16-ounce jars of its Smucker’s Natural Peanut Butter Chunky sold in several states because of possible salmonella contamination. The Ohio-based company says the jars covered in the recall would have been purchased in the last week or so. They have “Best if Used By” dates of Aug. 3, 2012 […]

November 16, 2011

Dairy Unhinged – Outbreaks in the last two years

I have been keeping very close track of Outbreaks, Illnesses and Recalls Linked to Raw (Unpasteurized) and Pasteurized Dairy Products in the United States since January 2010. Here is the latest installment (download PDF) – it includes links to source material:

November 15, 2011

Organic Pastures Raw Milk Dairy Linked to E. coli O157:H7 Illnesses – Again

According to a California State Department of Health release, raw milk products produced by Organic Pastures of Fresno County are the subject of a statewide recall and quarantine order announced by California State Veterinarian Dr. Annette Whiteford. Under the recall, all Organic Pastures raw dairy products with the exception of cheese aged a minimum of […]

November 15, 2011

Second Salmonella Turkish Pine Nut Lawsuit filed in New York

We have filed another lawsuit on behalf of a Rochester-area mother and daughter who contracted Salmonella illnesses after consuming Turkish pine nuts imported by Delaware-based American Pistachio Commodity Corp. This the second Salmonella lawsuit filed by us in a 42-person outbreak linked to pine nuts sold to Wegman’s stores by American Pistachio, which operates under […]

November 15, 2011

Listeria Cantaloupe Outbreak – New Numbers from CDC Expected

139 confirmed cases reported by states are shown below: ▪   Alabama: 1 case ▪   Arkansas: 1 case ▪   California: 2 cases ▪   Colorado: 39 cases ▪   Idaho: 2 cases ▪   Illinois: 3 cases ▪   Indiana: 3 cases ▪   Iowa: 1 case ▪   Kansas: 10 cases ▪   Louisiana: 2 cases ▪   Maryland: 1 case ▪   Missouri: […]

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