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 […]

February 07, 2011

FDA 483 Inspection – Tiny Greens and Jimmy John’s sprouts sicken 125 in 22 states with Salmonella I 4,5,12, i-

During the FDA investigation at Tiny Greens, the FDA made the following findings (tinygreens483.pdf): • growing sprouts in “soil from the organic material decomposed outside” without using any monitored “kill step” on the material (kind of eliminates the ruckus raised by Tiny Greens’ owner Bill Bagby over the finding, saying that the presence of Salmonella […]

February 07, 2011

FTC Approves Final Order Settling Charges That Dannon Made Deceptive Claims for Activia Yogurt and DanActive Dairy Drink – What food or drink might be next?

Per the Federal Trade Commission News Release: Under the terms of the settlement [announced in December, 2010], the company has “…agreed to stop claiming that Activia relieves temporary irregularity, unless the representation is non-misleading and the ad conveys that eating three servings a day is required to obtain the benefit, or unless Dannon has competent […]

February 06, 2011

What to do with Fugu? Should it be treated like sprouts and raw milk?

The FDA and a variety of states limit the sale of raw milk and raw milk cheese due to bacterial health risks. Other foods, like sprouts, hamburger, cookie dough, etc., on the other hand sicken and/or kill hundreds if not thousands yearly with not nearly the governmental oversight. My “friends” in the raw milk movement […]

February 06, 2011

The Raw Milk Beat Goes On: A Look at the Literature and the 60-Day Raw Milk Cheese Aging Rule – UPDATE

It is great that the New York Times and Washington Post is following up on the research that I did several months ago. Since that post, I have updated (there have been a few more outbreaks and/or recalls). Here is the final that you can download.

February 05, 2011

Just in time for the Super Bowl, the FDA is questioning the “60 day rule” on raw milk cheese safety

After the recent E. coli O157:H7 outbreak linked to Bravo raw milk gouda cheese that sickened 38 (one with HUS), the New York Times is quickly becoming the go to newspaper for cheese lovers. Bill Neuman wrote yet another article on cheese – “Raw Milk Cheesemakers Fret Over Possible New Rules” – After Food Safety […]

February 05, 2011

American Food Service Recalls 3,170 Pounds of E. coli-Tainted Ground Beef

According to a FSIS release, American Food Service, a Pico Rivera, Calif. establishment, is recalling approximately 3,170 pounds of fresh ground beef patties and other bulk packages of ground beef products that may be contaminated with E. coli O157:H7 announce late Friday night. FSIS inspection personnel were made aware of the problem when contacted by […]

February 03, 2011

The Country Market recalls raw milk because of possible health risk

The Country Market of Medical Lake, WA is recalling raw fluid milk because it may be contaminated with Escherichia coli bacteria (E. coli) that can cause serious illness.  The recall was initiated after routine sampling by the Washington State Department of Agriculture (WSDA) discovered that the product was contaminated with toxin-producing E. coli. The Country […]

February 03, 2011

The Food Safety Law Firm is moving

Marler Clark has outgrown our space on the 66th floor of the Columbia Tower and we are less that a month away from moving into a new and larger space a number of floors lower in the Russell Investments Center – closer to the water, the Pike’s Place Market, Art Museum and Symphony Hall. The […]

February 03, 2011

Know your farmer, know your food – except when it is not the food they grew

The USDA program, “Know your farmer, know your food,” sounds great, but it requires a certain level of trust of the farmer when you are not buying it directly from the farmer on the farm. Even when you are “looking the farmer in the eye,” he or she might well be crossing the fingers of […]

February 02, 2011

FDA “cracks” down on mass produced eggs

500 million egg were recalled in August after nearly 2,000 were sickened.  And, now the FDA is in the implementation phase of a new federal rule (“Egg Rule”) aimed at preventing Salmonella in shell eggs. The FDA has now inspected 35 shell egg farms in six states–Ohio, Maine, Pennsylvania, Washington, South Carolina, and Utah–all of […]

February 02, 2011

Off to Washington D.C. again – next week

I have the honor of being the opening speaker at the GAP Conference at American University School of Law next week in DC. 2011 GAP Conference View more presentations from Bill Marler.  I am also going to show this video.

February 02, 2011

Salmonella Hartford and Salmonella Baildon – Third Taco Bell Lawsuit

A food poisoning lawsuit was filed in Muskegon County Circuit Court on behalf of Salmonella victim Gary Erdman today against Yum Brands, Inc., parent company of Taco Bell and Chicago Diversified Foods Corporation, the franchisor of a Whitehall Taco Bell restaurant. This is the third lawsuit filed by Marler Clark in relation to a nationwide […]

February 02, 2011

FDA finds Salmonella senftenberg at Dairy Farmers of America Milk Plant

According to the Food and Drug Administration (FDA) after conducting an inspection at Dairy Farmers of America in Minnesota, FDA investigators documented serious violations of the Current Good Manufacturing Practice regulations for foods, Title 21, Code of Federal Regulations (21 CFR), Part 110 Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food (CGMP) […]

February 01, 2011

Massachusetts joins the Raw Milk Parade

I think I have them all – Washington, Oregon, Texas, Minnesota, Wisconsin, New Jersey and now Massachusetts, all have some interest in loosening raw milk regulations (Wyoming and Humboldt County in California killed Raw Milk Legislation this year).  In Massachusetts, an Act relative to the distribution of raw milk: Be it enacted by the Senate […]

February 01, 2011

GMA Speech – Some Recent and Emerging Trends in Foodborne Illness Litigation

You have to give credit to the GMA Litigation group to pair me with the one lawyer who I would not like to face in a courtroom.  Any smooth taking, southern lawyer is an issue, but Alan Maxwell is the one that the male jurors want to have a beer with and the the women […]

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