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 […]

November 30, 2010

Did you ever get the feeling that grown-ups are not running our government?

That is not meant as a slam against the Democrats now or when the Republicans took us in year’s past from a surplus to tax breaks for the weathly, medicare drug benefits and two wars. I was having a relaxing evening for a change until I received an email from John Stanton of Roll Call […]

November 30, 2010

Senate Passes Food Safety Overhaul – S 510 Passes 73-25 – broad bi-partisan support – How long will that last?

I got up really early to watch the vote of CSpan and still can not quite beleive it passed and with a margin of 73 in favor and 25 against.  The Bill that in large part will do: Allow the FDA to order a recall of tainted foods; Require larger food processors and manufacturers to […]

November 30, 2010

ABA – Marler Blog Nominated to Top 100 Law Blawgs

It must be my day.  The Senate passes a food safety bill by breakfast, FSIS deems a pathogenic strain of E. coli an adulterant before lunch, and I get nominated into the ABA’s Top 100 Law Blawgs.  Now it is time for readers to weigh in on the ABA Site and vote.

November 30, 2010

Food Safety News – over a year old and going stronger than ever

I know it is a bit odd for a foodborne illness trial lawyer to act as publisher (think of me as a good Rupert Murdoch) of an online newspaper, but I a very proud of what the staff, interns, freelancers and contributing writers have accomplished over the last year, and look forward to FSN’s continued […]

November 30, 2010

FSIS now considers E. coli O26 an adulterant in raw beef products

For those that recall back to August 2010, Cargill Meat Solutions Corp., recalled approximately 8,500 pounds of ground beef products that may be contaminated with E. coli O26. The product subject to recall included: 42-pound cases of “GROUND BEEF FINE 90/10,” containing three (3) – approximately 14 pound chubs each. These products have a “use/freeze […]

November 29, 2010

S. 510 – The Beginning of the End or the End of the Beginning?

Here is the link to CSpan on Food Safety In the morning, the Senate may well actually vote on the bill, although the debates on 1099 forms and earmarks have been a bit entertaining – coming from a political science major.

November 28, 2010

This is like Déjà Gouda E. coli again

“This is like déjà vu all over again” by Yogi Berra is what I was thinking as a read the below article from the REVUE CANADIENNE DE SANTÉ PUBLIQUE as I was researching the FDA’s “60 day rule.” An Outbreak of E. coli O157:H7 Hemorrhagic Colitis Associated with Unpasteurized Gouda Cheese Lance Honish, BSc, Gerry […]

November 27, 2010

Turkey Day Weekend – Filled with Yard Work, Chickens and Cheese?

Boy do I know how to have fun; cleaning up the yard after a wind and snowstorm (that carried sub-freezing temperatures), and doing the bi-weekly chicken house cleaning (sorry, no eggs yet). Between those tasks, I have been reading up on the genesis of the 60-day aging of cheese (21 CFR 133 et seq.). I […]

November 26, 2010

Olivia Henderson, Corning, California E. coli victim comes home

According to Derek Demo of KHSL TV 12 in Chico-Redding E. coli O157:H7 victim Olivia Henderson is out of the hospital, but not out of the woods. “It’s just hard to put into words. You hear of people having E. coli, but you never think of it actually happening to a member of your family” […]

November 26, 2010

The Foodborne Diseases Active Surveillance Network (FoodNet) data for 2009, what does it tell us about actual numbers of ill in the United States at the end of 2010?

And, what will the numbers be in 2011 when the CDC releases new estimates of foodborne disease? In 1999 the CDC using FoodNet estimated that foodborne diseases caused approximately 76 million illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year. These numbers are cited as frequently as we also hear the phrase: […]

November 25, 2010

Taking a Whack at Raw Milk – Again

I must admit that I am a bit perplexed by the proponents of raw milk. On average it seems that they spend a disproportionate amount of time twittering on Twitter and posting angry comments on blogs – mine in particular – about “Food Nazis” – of which I am apparently one, along with a long […]

November 24, 2010

E. coli Illnesses in Arizona (19), California (3), Colorado (11), New Mexico (3) and Nevada (2) linked to Bravo Gouda Cheese

The Outbreak The CDC posted a few moments ago an update on the E. coli O157:H7 outbreak linked to Bravo Gouda Cheese sold at Costco.  To date thirty-eight persons infected with the outbreak strain of E. coli O157:H7 have been reported from five states. The number of ill persons identified in each state with this […]

November 24, 2010

Mason Jones E. coli O157:H7 death still causing anguish across the pond

Most of you likely have not followed the story of Mason Jones, who in 2005 at the age of five died of E coli O157:H7 poisoning after eating a school lunch. I have followed it closely, in part because over the last few years, as I have spoken at Food Safety Conferences in Wales and […]

November 24, 2010

Chocolate Lovers against Salmonella – it is time to fight for Food Safety – Pass S 510

If this does not galvanize everyone to lay down their rhetoric and pass food safety legislation, I do not know what will. Artisan Confections Company is voluntarily recalling a limited quantity of its Dagoba Organic Chocolate new moon Rich Dark Chocolate 74% cacao 0.32 ounce squares because they may contain Salmonella. No other sizes or […]

November 24, 2010

Crumland Farms Nursing home Maryland Salmonella Outbreak – sickens seven and kills one

Karen Gardner of the Frederick News Post posted an article last night; “Salmonela Outbreak Sickens Eight at Frederick Nursing Home.” She noted that the “residents [were] infected over four months.” Salmonella sickened eight people at Homewood at Crumland Farms nursing home in Frederick from July to early this month, according to the Frederick County Health […]

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