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 […]

September 20, 2010

1,608 Salmonella Enteritidis Illnesses Linked to Egg Recall

Hot off the CDC presses. In July 2010, CDC identified a nationwide sustained increase in the number of Salmonella Enteritidis isolates with PFGE pattern JEGX01.0004 uploaded to PulseNet, the national subtyping network made up of state and local public health laboratories and federal food regulatory laboratories that performs molecular surveillance of foodborne infections. This increase […]

September 20, 2010

House Energy and Commerce Committee “The Outbreak of Salmonella in Eggs”

On Wednesday, September 22, 2010, at 12:00 p.m. in room 2123 of the Rayburn House Office Building, the Subcommittee on Oversight and Investigations will hold a hearing entitled, “The Outbreak of Salmonella in Eggs.” This hearing will examine the recent Salmonella outbreak associated with shell eggs produced by Wright County Egg and Hillandale Farms of […]

September 20, 2010

E. coli O157:H7 Mediated Post-Infectious Irritable Bowel Syndrome (IBS)

I am on a plane (Wi-Fi) heading to Washington D.C. for the Salmonella Egg Hearing via Wichita for an E. coli O157:H7 Mediation. If the mediation is short (that can be good or bad), I’ll make it to D.C., if not, I hear Wichita is nice in September. The mediation involves a young woman who […]

September 18, 2010

Lets give the CDC and State Health Departments the tools to stop outbreaks faster

In all the heat that has been generated against House Bill 2749 and Senate Bill 510, two sections (Sec., 121 in HB 2749 and Sec., 205 in SB 510), are the babies that have been thrown out with the bathwater. If passed these sections have the greatest opportunity to fundamentally change how food is produced […]

September 18, 2010

If we are not going to inspect people who poison us, let’s just throw them in jail

Even the folks who fought against S. 510, have to admit that the FDA does not have the resources to inspect domestic food production less alone imports for pathogens that can kill you. Perhaps Senator Patrick Leahy (D-VT), has an idea. He has introduced to bills, S. 3767 (Food Safety Accountability Act) and S. 3669 […]

September 17, 2010

Update on the backyard chicken experiment

Everyone has become a bit bothered by the Salmonella Outbreak that has sickened over 1,500 people and caused the recall of 550,000,000 eggs.  In the next few weeks, I will be visiting the Iowa factory that produced these fine eggs – some several million chickens.  But, is my chicken experiment in our backyard a sustainable […]

September 17, 2010

Hey, I get to go to Galt Iowa to see how we make eggs in America

I grew up on a small farm, and we had chickens, so I know where eggs generally come from.  I must admit, however, seeing how eggs are manufactured on a massive scale is something I have never seen.  It looks to be an interesting and eye-opening experience.  I am glad to have a Court Order.

September 17, 2010

The real costs of not passing food safety legislation – more sick people and more lawsuits

Dave Their, an AOL contributor, caught me in the middle of helping my oldest daughter move into her freshman dorm late yesterday afternoon as it was becoming clearer that S. 510 – the Food Safety Modernization Act – was taking its last few gulps of air. You have to give it to politicians – republicans […]

September 17, 2010

Alamosa Salmonella suit settled

Julia Wilson of the Alamosa Courier reports that he City of Alamosa, through its insurance carrier, Travelers, will pay $360,000 to 29 Alamosa residents who became ill because of the salmonella outbreak in 2008.  The lawsuit claimed the city was negligent in maintaining its water facilities, the source of the salmonella, and as the municipal water […]

September 16, 2010

S. 510 – Senators Reid and Coburn should sit down, have a beer and watch this video

Here is a start, Senator Coburn’s last minute concerns about the bills substance are misplaced, but Senator Reid needs to figure out a way to fully fund all aspects of the bill.  The time has come to get this done.  I think this may take a six pac.

September 16, 2010

S. 510 – If it is not dead, it is on life support.

In 1999, I was being encouraged to run for the US Senate against then Senator Gorton.  As part of my “vetting,” I met with Senators Daschle, Boxer and Reid in the minority leaders office.  Under the watchful gaze of LBJ, I was asked why I was considering giving up a law practice.  My answer was simply, that […]

September 16, 2010

“Toxic Avenger” Really?

I have been called a lot of things (even I would not publish them on my own blog), but “Toxic Avenger” is a new one.  You need to pick up the latest WIRED Magazine to read it, but here is a teaser photograph: I’m thinking about getting a costume like the guy in the movie […]

September 16, 2010

S. 510 will not pass this year. I hope Senator Reid and the other Senators will explain that to the Rivera family

Call me and I’ll give you the number in the Rehab Center. I am heading to DC early next week to attend with clients the House Energy and Commerce hearing on the latest in food safety theatre – the Egg Hearings (my bet is DeCoster “takes the 5th”). I also hope to be able to […]

September 16, 2010

Richard Rivera on how a victim of food poisoning feels after S 510 falls flat

From Richard Rivera (a.k.a. devoted husband, father and Sen. Reid constituent) Unbelievable!!! After being promised not once, not twice but three times by Senator Reid and or his office that they would get this bill pushed through and for it not to get pushed is a crying shame. I /Linda are very disappointed. I guess […]

September 16, 2010

Does China have the right idea about food safety?

I am heading to the 4th CIFSQ Conference & Expo to be held in the dynamic city of Shanghai as a keynote speaker on November 10. So, I am keeping up to date on all things food safety on China. This AP headline caught my eye – “China vows harsh penalties for food safety crimes.” […]

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