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 […]

October 04, 2010

Four Oklahoma Elementary Schools Now Linked to Fourteen Salmonella Illnesses

So, where is Senator Coburn when you need him?  According to local press reports, as the investigation continues, the number of kids exposed to Salmonella in Mustang Public Schools grows. Thursday afternoon officials from the State Health Department told parents there were 10 students exposed to the bacteria at four different elementary schools, but on […]

October 04, 2010

Jeff Benedict – “E. coli on my mind”

This is from writer, Jeff Benedict’s Blog: For the past year and a half I’ve been writing a book about the biggest E. coli outbreak in U.S. history. It started in Seattle in 1993 and ended up spreading through most Western states. Jack in the Box restaurants was implicated as the source. Writing this story […]

October 03, 2010

The chickens moved in today

We decided to make the big move to the new chicken coop after it had a few coats of white paint in the interior.  Today we also bought: Galvanized trash can (to hold feed) and some staples to nail down the wire – $26.37 50 pounds of feed, and larger waterer and feeder, shavings and […]

October 03, 2010

Saying your sorry and then doing nothing about it – If you sicken 1,608 people, what should you do?

When Austin DeCoster, Owner, Wright County Egg and Peter DeCoster, COO, Wright County Egg testified under oath, and Orland Bethel, President, Hillandale Farms of Iowa took the Fifth, at the hearing before the Subcommittee on Oversight and Investigations a few weeks ago, I had the opportunity to have (with my clients) some time alone with […]

October 02, 2010

After nearly 18 years doing Foodborne Illness Litigation, I need to write a Book

AOL and multiple Pulitzer Prize winning reporter Andrew Schneider wrote a series of pieces this week about non-E. coli O157’s – yet another of my recent projects to pull food safety out of the dark ages. He also did a bit of a profile on yours truly, that like most of the dozens over the […]

October 02, 2010

Mustang Oklahoma antibiotic-resistant Salmonella Paratyphi B variant Java Outbreak now linked to Iowa and Nebraska

It is more that a bit ironic that the state, where its Senator single handedly held up S. 510, The Food Safety Modernization Act, would now be the epicenter of yet another growing Salmonella Outbreak. According to the Oklahoman this morning, the Oklahoma Salmonella outbreak has risen to 15 identified cases in three counties. The […]

October 01, 2010

Where in the world am I giving a speech on food safety and litigation?

In between suing companies who poison my clients, I have a very busy schedule teaching (for free) many of the same companies and their lawyers – “why it is a bad idea to poison customers.”  Catch me if you can. Food Microbiology Symposium, U of Wisconsin – River Falls ACI Foodborne Illness Litigation Conference – […]

October 01, 2010

The Tester – Hagen Amendment to S. 510 protects food safety and small farmers

It is long past time to pass S. 510, The Food Safety Modernization Act, with Senator Jon Tester’s (D-MT) and Senator Kay Hagan’s (D-NC) amendment to S. 510 folded in – at least after the election in the lame duck session. I have been struck in the last dozen years as I have wandered the halls […]

September 30, 2010

Superman and Physician, a.k.a., Oklahoma Senator Coburn, to the Rescue

It was reported today that Mustang Public School officials and the Oklahoma State Department of Health are investigating a Salmonella outbreak among elementary children in Canadian County.  Officials said 10 cases have been confirmed in Mustang (see A) among elementary-aged children.  Health investigators are interviewing parents and children in order to track down the source […]

September 30, 2010

S. 510 – Not Dead Yet, and what about the Tester Amendment?

Like a vampire in the books my daughters like to read, S. 510 keeps coming back to life.  According to the AP, the Senate will consider a food safety bill (S. 510) after the November elections that would give the Food and Drug Administration more power to prevent foodborne illness. Senate Majority Leader Harry Reid, […]

September 30, 2010

Cold Truth – Lawyer spends $500,000 to prove that USDA allows sale of millions of pounds of dangerous meat

Multiple Pulitzer Prize winner Andrew Schneider and I have spoken quite a bit over the last several months as he plowed through the facts as he wrote this blog post and a three-part series for AOL News – 1, 2 an 3. Here are a few of my favorite “back and forth:” Why should a […]

September 30, 2010

ABA seeking ideas for top law “Blawgs” – got any ideas? – “hint, hint”

The ABA (a law group known primarily for protecting corporate interests – or at least leaning heavily in the direction of doing their bidding) is working on their list of the 100 best legal blogs (www.marlerblog.com made it last year). They are looking for some advice on which blawgs you think they should include. The […]

September 30, 2010

Rock Island High School Receives $25,000 Donation for Scholarships from Marler Clark

The Rock Island High School in Illinois is the recipient of a $25,000 donation from food safety law firm Marler Clark. The Seattle-based law firm works nationwide on behalf of victims of foodborne illness, and assisted many residents in the 2009 outbreak of Hepatitis A Virus (HAV) traced to a Milan McDonald’s. “Foodborne illness outbreaks […]

September 29, 2010

The FDA lays an Egg, well actually 550,000,000 of them

I spend a lot of time supporting the FDA and the need for more resources. Come on FDA, please give me a little bit of help here. Willy Neuman and the New York Times crack another story about the seemingly error prone FDA in today’s story, “Oop! F.D.A. Error Is Talk of Henhouse.” According to […]

September 29, 2010

Marlerblog nominated for the Top 25 Business Law Blogs of 2010

I found out today that I’ve been honored with a nomination for the LexisNexis Top 25 Business Law blogs – sweet! Evidently, folks now get to vote on the nominations to decide on the winners. Voting involves going to the LexisNexis communities site, and commenting with your vote on the nominees. If you aren’t on […]

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