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 […]

December 22, 2010

More Bad News for Raw Milk Cheese Makers – FDA Inspection Report of Sally Jackson

Download Full Report OBSERVATION 1 – Employees did not wash and sanitize hands thoroughly in an adequate hand-washing facility after each absence from the work station and at any time their hands may have become soiled or contaminated. Specifically, the owner was observed throughout the day, to alternately perform cheese making functions, such as, stirring […]

December 22, 2010

Raw Milk Poster Boy, Hartmann, Ordered to Destroy Unsanitary Products

In the Order, the Court also found that Hartmann was the source of the E. coli O157:H7 outbreaks that sickened eight, hospitalizing four – one with Hemolytic Uremic Syndrome. The real question is when are raw milk producers and supporters going to police their own?  The order is a shock for those who profess that […]

December 21, 2010

Food Safety Bill Passes 215 in favor, 144 against and 74 already on vacation

It has been a very long process.  It now goes to the President to sign.  below is me in Spring 2008 making my pitch before the Committee that the Bill eventually came from.  Here is what I said to the LA Times today after the Bills passage: “In a bad economy, with the kind of […]

December 21, 2010

Terrorists Seek to Poison Food at U.S. Restaurants, Hotels

So, says the headline this morning. Apparently, the U.S. Homeland Security Department this year identified a terrorist plan to contaminate salad bars and buffets at restaurants and hotels with lethal materials. The strikes involving ricin and cyanide would have occurred during one weekend at a significant number of establishments. The plot was “credible,” according to […]

December 20, 2010

Thanks to Marler Clark Clients Who Lobbied and Testified for Passage of Food Safety Bill

Listed here are victims of foodborne illness who have traveled to Washington, D.C to testify or lobby for food safety: Jeff Almer (MN) – Jeff testified in 2009 to The House Committee on Energy and Commerce Subcommittee on Oversight and Investigations. His mother, Shirley died in 2008 from complications caused by eating a peanut butter […]

December 20, 2010

Food Safety Bill Leaves Senate with Unanimous Consent, House Vote Tuesday

Perhaps the President will bring the Bill with him to Hawaii for Christmas – It’s a short flight from Seattle.  Thanks to Republican and Democratic Staff for this great Summary of the House and Senate version of the Bill: Noteworthy · S. 510 is intended to respond to several food safety outbreaks in recent years […]

December 20, 2010

Sally Jackson Raw Milk Cheese Linked to E. coli Illnesses in Washington, Oregon, Minnesota and Vermont by PFGE

According to William Keene, Oregon State Epidemiologist, last week initial lab test results of a Sally Jackson cheese sample taken from a wedding were PCR (polymerase chain reaction) positive, indicating DNA likely linked to the outbreak strain. Today, those results have also been culture confirmed, and are indistinguishable by pulse-field gel electrophoreses (PFGE) to the […]

December 20, 2010

Marler Clark Donates $5,000 to Medway High School on Behalf of Listeria Victim

A new scholarship at Medway High School has been announced today. The Food Safety Law Firm, Marler Clark, donated $5,000 to found the Powers Family – Marler Clark Scholarship for students who are interested in pursuing higher education in a science field. The Seattle, Washington-based law firm represents victims of foodborne illness nationwide. In 2009 […]

December 19, 2010

Senate Saves Food Safety Bill

I just received this message from the Senate floor: “Prior to adjourning, the Senate passed H.R.2751, as amended by the text of S. 510 (with Tester/Hagen Amendment) minus the offending blue slip provisions. The House now needs to vote to pass.  It then needs to be signed by the President.” Interestingly, I had been working […]

December 18, 2010

It has been 14 months since we filed a Petition with FSIS to deem certain E. coli Adulterants

On the long flight home from D.C., as I was thinking about what appears to be the lost battle over new Food Safety legislation, I was also thinking about what I can do personally to make our food supply safer, and I thought that it has been over a year since we filed the Petition […]

December 18, 2010

With 15 raw milk cheese outbreaks or recalls in 2010, is it time to reconsider the “60 Day Rule?”

It has been a busy year for outbreaks related to milk or cheese – mostly raw – See, “Outbreaks, illnesses and recalls linked to raw (unpasteurized) and pasteurized dairy products, United States, 2010 (through December 18, 2010).”  The last several raw milk cheese outbreaks (see below), prompted me to take a hard look at the […]

December 18, 2010

Food Safety Bill Still on Life Support?

It is Saturday morning and I am watching and listening to the ongoing debate on the “Don’t ask, don’t tell” repeal which seems like it might pass. The “Dream Act” on the other hand seems like it will not overcome a Republican filibuster, and then there is the pesky thing called “START” – Senator Kyle […]

December 17, 2010

Jimmy Johns and Sprouts – Again – This time Illinois with at least 46 Ill with Salmonella

According to Chicago area press, a salmonella outbreak is being investigated after illnesses were reported in Will County and eight other Illinois counties, a state health agency said in a news release Friday.  The Illinois Department of Public Health is investigating the salmonella outbreak. Many people who have become ill reported eating alfalfa sprouts at […]

December 17, 2010

Sally Jackson Raw Milk Cheese Distribution List for E. coli Recall – Eight Ill in Oregon, Washington, Vermont and Minnesota

There are Eight E. coli O157:H7 illnesses with indistinguishable PFGE patterns in four states – Oregon, Washington Vermont and Minnesota.  The Cheese distribution list in part is below: Whole Foods, (GTN) (RSQ) (PRN), Great Ciao, Provista Specialty Foods Inc., Ideal Cheese, Aniate Cheese, Cavanioles Gourmet, Marion St. Cheese Market, The Herbfarm, Tomales Bay Foods, Farmstead […]

December 17, 2010

Food Safety Law Book by James F. Neale and Angela M. Spivey

In one of those moments when I thought; “I should have done that first,” Jim and Angela have done a great job and making Food Safety Law more that a bit(e) interesting. As I said in the foreward: “For those not acquainted with my neighborhood, Food Safety Law will help you navigate the roads and […]

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