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 […]

October 19, 2011

Well, so much for Salmonella free organic eggs

The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) are investigating illnesses in at least six people in Minnesota that are connected with a recall of organic shell eggs due to contamination with Salmonella Enteritidis. The contamined eggs were traced back by the MDA to Larry Schultz Organic Farm of Owatonna, […]

October 19, 2011

PrimusLabs – “We thought he (Jensen Farms Auditor) did a pretty good job”

Tell that to the families of more that 25 who have died and the over 100 who have been sickened!  And, memories of Kartrina – “Brownie, you’re doing a heckuva job” – President George W. Bush. I was reading the New York Times tonight on my way home from work and was struck by these […]

October 19, 2011

Cantaloupe Listeria Outbreak Cause – No Mystery Here

This FDA report sounds like most, if not all, FDA and FSIS reports on food manufacturing facilities the casue outbreaks. Introduction: There could have been low level sporadic Listeria monocytogenes in the field where the cantaloupe were grown, which could have been introduced into the packing facility A truck used to haul culled cantaloupe to […]

October 18, 2011

Listeria Cantaloupe Deaths Now 25: 6 in Colorado, 1 in Indiana, 2 in Kansas, 2 in Louisiana, 1 in Maryland, 1 in Missouri, 1 in Nebraska, 5 in New Mexico, 2 in New York, 1 in Oklahoma, 2 in Texas, and 1 in Wyoming

October 17, 2011, a total of 123 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 26 states. All illnesses started on or after July 31, 2011. The number of infected persons identified in each state is as follows: Alabama (1), Arkansas (1), California (2), Colorado […]

October 18, 2011

7th Listeria Cantaloupe Lawsuit Filed

In the weeks that preceded his Listeria illness, Mr. Schwarz (age 92) consumed cantaloupe on multiple occasions, including at least one Listeria-contaminated cantaloupe manufactured, distributed, and sold by the defendants. Mr. Schwarz fell ill on or about September 15, 2011. He was treated at the hospital late on September 15, 2011 for abdominal pain, and […]

October 17, 2011

Consumer’s Union – The Role of the Media in Keeping Our Food Safe

PANEL DISCUSSION – How safe is the food supply in the United States? Salmonella in chicken, Bisphenol-A (BPA) in canned food, bacteria in bagged salad—over Consumer Reports’ 75 years, our lab tests and critical reporting has informed the public of these and other dangers lurking in our food supply.  This panel discussion, which will take […]

October 15, 2011

AP Profile – Listeria outbreak draws Seattle lawyer to battle

Bill Marler updates his many blogs each day about the latest foodborne illness outbreak and travels the world delivering speeches, imploring the food industry to improve its safety measures. All this while working the phones to get money for the victims. Like it or not, the personal injury attorney behind most every lawsuit associated with […]

October 14, 2011

Settlements Reached in Raw Milk Cheese E. coli Cases

Over a dozen lawsuits were resolved last week stemming from an E. coli O157:H7 outbreak linked to raw milk cheese manufacturered by Bravo and sold by Costco. On November 4, 2010, the Centers for Disease Control and Prevention (CDC) issued an alert to consumers and health professionals about an outbreak of E. coli O157:H7 in […]

October 13, 2011

The Value of Not having Listeria – Priceless – The Cost of this Cantaloupe Outbreak – Millions

Jensen Farms, Frontera, and Especially Retailers, Pay Attention! As of two days ago, the CDC counted a total of 116 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes (Listeria) from 25 states. Four of the illnesses were related to a pregnancy; one was diagnosed in a newborn and three were diagnosed […]

October 13, 2011

A Listeria Recall Without Illnesses is a Good Thing

Giant Eagle is recalling bags of shredded Iceberg lettuce because of possible contamination with listeria, at least the third produce item suspected in recent weeks nationwide. The Food and Drug Administration informed Giant Eagle of the presence of listeria monocytogenes in a routine random sample test of Giant Eagle Farmer’s Market 8-ounce package of Shredded […]

October 12, 2011

CDC – Listeria Cantaloupe Outbreak – 116 Sick, 23 Dead and 1 Miscarriage – So Far

October 11, 2011, a total of 116 persons infected with any of the four outbreak-associated strains of Listeria monocytogenes have been reported to CDC from 25 states. All illnesses started on or after July 31, 2011. The number of infected persons identified in each state is as follows: Alabama (1), Arkansas (1), California (1), Colorado […]

October 11, 2011

Recalling Ground Beef Before Illnesses is a Great Idea

Commercial Meat Co., a Los Angeles, Calif., establishment is recalling approximately 377,775 pounds of ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The following ground beef products are subject to recall: • 5,10,15,20,30,40,50 and 60 lb. cases of bulk […]

October 11, 2011

Right, we don’t need the Damn FDA to inspect for rat shit and dead insects!

(From an FDA Press Release) At the request of the U.S. Food and Drug Administration, U.S. Marshals seized food products held at the food storage and processing facility (grains and flour) of Dominguez Foods of Washington, Inc., in Zillah, Wash., on Sept. 30, 2011. The seized products had been subject to a detention order issued […]

October 10, 2011

Marler Blog – Top Business Law Blog Nominee

I received this email this morning: Each year, LexisNexis honors a select group of blogs that set the online standard for a given industry. I’m pleased to notify you that your blog is one of the nominated candidates for the Top 25 Business Law Blogs of 2011, featured on the LexisNexis Corporate & Securities Community.  […]

October 10, 2011

New Numbers in Listeria Cantaloupe Outbreak – 112 Sick with 23 Dead

Thanks to Phyllis Entis for keeping track of this: Death toll: 23 Number of confirmed cases: 112 Number of states affected: 25 Alabama:- One case. Alaska:- No cases. None of the cantaloupes were shipped to Alaska. Arizona:- No outbreak cases. One cases of Listeria that is unrelated to the outbreak. Arkansas:- One case. California:- One confirmed case. According to the California Department […]

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