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 […]

January 22, 2011

It Is Sometimes Lonely Being a Lawyer

Perhaps it was being at the memorial service (with 500 others) of a friend’s mom today that made me reflect on my own 53 years to date. Or, perhaps it was being “un-linked” on Linkedin a week ago by a federal regulatory official who felt that linking with me “might send the wrong message” – […]

January 22, 2011

Non-E. coli O157:H7 STEC’s Considered a Significant Food Safety Threat in U.S. Beef Supply

Prevalence and Characterization of Non-O157 Shiga Toxin Producing Escherichia coli Isolated from Commercial Ground Beef in the United States – Joseph M. Bosilevac and Mohammad Koohmaraie in Appl. Environ. Microbiol. doi:10.1128/AEM.02833-10 Abstract – Escherichia coli O157:H7 is a Shiga toxin (stx) producing E. coli (STEC) that has been classified as an adulterant in U.S. beef. […]

January 21, 2011

The Reportable Food Registry First Annual Report: September 8, 2009 – September 7, 2010 – A Governmental Success Story

The first annual Reportable Food Registry Report shows that, as Congress intended, the RFR can help FDA track patterns of food and feed adulteration and target FDA’s inspection resources to identify adulterated food/feed and prevent foodborne illnesses. “This report is a measure of our success in receiving early warning on problems with food and feed,” […]

January 21, 2011

On a day that Wyoming Kills Herdshares, Oregon Quietly Introduces Raw Milk Legislation

Joshua Wolfson of the Star-Tribune wrote today that the House Agriculture Committee defeated the bill that would have legalized some sales of raw milk in Wyoming by a 6-3 vote. Two days earlier, the same committee killed legislation that would have removed government oversight of home-produced foods sold directly to customers.  The raw milk bill […]

January 21, 2011

Bravo Gouda Cheese E. coli Victim Profiled in Denver Post

Bruce Finley of the Denver Post profiled our client Madisyn Kirby who was sickened in the E. coli outbreak linked to Bravo Farms Gouda cheese sold at Costco. Three months after she sampled Gouda cheese at a Costco and got sick, a Colorado teenager and her family have bolstered their defenses. No more ground beef. […]

January 20, 2011

FDA Lowers the Net on Portland Shellfish Due to Listeria

The U.S. Food and Drug Administration announced today that the Portland Shellfish Co., Inc.; Jeffrey D. Holden, company president; Satyavan Singh, quality manager; and John A. Maloney, general manager, have signed a consent decree prohibiting them from distributing seafood in interstate commerce until the FDA has approved in writing the company’s Hazard Analysis and Critical […]

January 20, 2011

Why I still feel my job is important

I was asked by a reporter yesterday why I work as hard as I do and seem to spend so much time in airplanes and airports. Here are just a couple of reasons, and a couple of clients: In 2007, a 19-year-old dancer, Stephanie Smith, sickened by E. coli-tainted hamburger, was left brain damaged and […]

January 20, 2011

Thanks to Marler Clark clients who worked to help pass Food Safety Legislation

As I head to Washington D.C. next week to follow-up on funding the new Food Safety Bill, I want to thank both those who have made the trip to D.C., but also recognize all those who have been sickened.  (Download)

January 20, 2011

Another Salmonella Lawsuit filed in a Sprouts Outbreak

With hundreds sickened nationwide in at least two Salmonella Sprouts Outbreaks, there is little suprise that yet another lawsuit is filed.

January 19, 2011

CSPI Report Card for State Detection, Investigation and Reporting on Foodborne Outbreaks

The Center for Science in the Public Interest (CSPI), released today a nationwide report card grading the 50 states and the District of Columbia on how well they detect, investigate, and report outbreaks of foodborne illness. The report shows that there is some room for improvement. CSPI assigned a letter grade and created an outbreak […]

January 19, 2011

Have we seen the last of the Spinach E. coli cases?

Yesterday, the Packer online newspaper reported on yet another settlement in the 2006 Dole Spinach E. coli case.  I had a chance to talk with the reporter on the scope of the outbreak and, what appears to be, the end of the litigation: “My understanding is that there are no more lawsuits out there,” he […]

January 18, 2011

United Food Group Recalls 7,875 pounds of Angus Beef Patties Due to Listeria

United Food Group, LLC, a California business, is recalling approximately 7,875 pounds of ready-to-eat Angus Beef patties that may be contaminated with Listeria monocytogenes. The products subject to recall include 22.5-pound cases of “FULLY COOKED BLACK ANGUS GROUND BEEF STEAK PATTIES,” with each case containing 75 individual 4.8-ounce patties.  Each package bears the establishment number […]

January 15, 2011

Michael Hartmann, “Raw Milk Poster Boy,” linked to E. coli, Campylobacter and Cryptosporidium Illnesses, now faces contempt of court

The Star Tribune reported yesterday that the “state says condemned raw milk is missing from Gibbon farm,” and is now seeking an order of contempt. For those who recall, raw milk produced by Hartmann was blamed for causing eight cases of E. coli O157:H7 in May, and seven instances in July and August of Campylobacter […]

January 14, 2011

Is it time to treat sprouts like raw milk?

Raw milk is banned from interstate sale and is limited in many others because of the risk of foodborne illness. Yet, sprouts, which have been causing a number of outbreaks recently, and over the decades, can be sold and bought whenever and wherever. Bruce Blythe of the Packer exploded this in his article a few […]

January 14, 2011

FDA and CDC – 125 sickened by Salmonella serotype I 4,[5],12:i:- Tainted Sprouts but Grower Disputes Findings

According to reports from the FDA and CDC: • From November 1, 2010, through January 11, 2011, 125 individuals infected with the outbreak strain of Salmonella serotype I 4,[5],12:i:-, whose illnesses began since November 1, have been reported from 22 states and the District of Columbia. Results of the investigation indicate a link to eating […]

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