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 […]
According the the CDC, between November 1, 2010, through February 9, 2011, 140 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:-, whose illnesses began (onset dates) since November 1, were reported from 26 states and the District of Columbia. The number of ill persons identified in each state and the District of […]
Retailers in Colorado might well escape any liability for a consumer’s illnesses if Colorado House Bill 11-1190 becomes law – even if the manufacturer is bankrupt or from a foreign country. According to a summary of the Bill: The bill applies to a product liability action brought against a food retailer who is not a […]
My State Senator, Phil Rockefeller, has introduced SB 5748 – “An act relating to cottage food operations.” Apparently, Senator Phil wants to make sure candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods can be sold along with a statement in at least 11 point font that “Made in home kitchen that has […]
Actually, quite a lot if you follow @marynmck on Twitter. Maryn McKenna is a journalist for national magazines and the author of SUPERBUG and BEATING BACK THE DEVIL. She finds emerging diseases strangely exciting. Here is what she posted today on Wired, after seeing the chicken post I made last evening: Oh, but none of […]
It has been since October 2009 that we filed the Petition for an Interpretive Rule Declaring enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli, Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) with the Food Safety Inspection Service (FSIS). Since I filed the Petition, I have also filed two supplements […]
According to CBC Television, about 67 percent of (presumably Canadian) chicken has harmful bacteria. “Marketplace” researchers tested grocery store chicken for harmful, drug-resistant bacteria and bought 100 samples of poultry from supermarket chains in Vancouver, Toronto and Montreal. The samples included some of the “most familiar names in the poultry business,” says CBC News. Lab […]
For those avid readers of my blog (thanks mom), I have received a few inquires as to the status of the Marler chicken experiment. Here is the update on the six new members of the family. Lupita Margarita, Tonto, Buddha, Buttercup, Shirley and Paula are now producing about five eggs a day. Sydney, my youngest, […]
After once again spending time with victims of yet another outbreak of foodborne disease who are advocating for justice for themselves and family members, I thought again why prosecutors seem so reluctant to charge those who poison us with food. As I have said far too often, in nearly two decades of representing families impacted […]
While I am blogging here at Marler Blog, Dave Babcock, Colin Caywood and Drew Falkenstein are doing the same over at Food Poison Journal. We think the new platform will add to the great writing being done by some of the other lawyers at Marler Clark.
After a week on the road – first a mediation in San Francisco on the E. coli O157:H7 case of Linda Rivera (who has been hospitalized since May of 2009), then a flight to Washington D.C. for a meeting with the Justice Department about the status of prosecuting PCA President Stewart Parnell, then a client […]
Family members of six PCA victims spoke today at a press conference in Washington D.C. on a day that most things will be pushed aside because of the dramatic change ongoing in Egypt. Even if the news might relegate the PCA victims to the back pages of the news, or late night T.V., or some […]
Not much really – except that as I was working on my speech (while staring out my window from my hotel across Lafayette Square from the White House) for the GAP Conference in the morning – “Friday Conference Analyzes Revolutionary Food Whistleblower Protections, I saw in the news that Lady Gaga had been taken down […]
On February 11th, at the American University Washington College of Law, Salmonella victims and their families will be sharing their stories and calling for criminal charges to be brought against former Peanut Corporation of America (PCA) CEO Stewart Parnell. The press conference will be held concurrently with the Government Accountability Project (GAP) Food Integrity Campaign […]
Yes, the headline is against the conventional wisdom that imports are poisoning us – especially those from south of the border. However, in two decades of foodborne illness litigation, the vast majority of outbreaks in the U.S. were caused by U.S. grown, raised or manufactured products. It is ironic to see a U.S. product getting […]