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 […]

August 27, 2010

Marler Clark to Donate $100,000 to Green Valley High

I was visting my clients, Linda and Richard Rivera, in San Francisco today where Linda is in her 15th month of hospitalization from an E. coli O157:H7 infection.  She has become, in my mind at least, the reason that S. 510 must pass and the President must sign sweeping food safety legislation now.   We […]

August 27, 2010

Possible Salmonella Typhi link to Fruiti Pops

Fruiti Pops, Inc. of Santa Fe Springs has recalled its mamey frozen fruit bars because of a possible link to a rare U.S. outbreak of typhoid fever.  The company said Thursday that the fruit bars were distributed in California, Arizona and Texas since May 2009. Fruiti Pops says retail stores, ice cream trucks and vending […]

August 27, 2010

What if I had a food safety magic wand?

The other morning when I was prepping in another studio to talk with another cable channel about yet another food crisis—this time the recall of a half of a billion Salmonella-tainted eggs that had already sickened at least 1,400—I was asked by a young producer, “Attorney Marler, if you had a magic wand, what would […]

August 26, 2010

Egg Salmonella Enteriditis Outbreak and Smoking Guns

When lawyers talk about “the smoking gun,” we are usually talking documents, not finding genetically matching Salmonella Enteriditis samples at Wright County Egg and in its chicken feed – but that will work too. So, where are we? The FDA and Wright County Egg Recall number is still 550,000,000, which was announced August 15. And, […]

August 26, 2010

Jeff Farrar, DVM, PhD, MPH (and his team) at FDA find “smoking gun” – Salmonella at Wright County Egg

Rodent feces are the usual source Test results from environmental samples at Wright County Egg – one of two related companies believed to have supplied Salmonella – contaminated eggs now under nationwide recall – showed strains of the bacteria with the same DNA fingerprint seen in clinical isolates. Chicken feed at facilities supplying Iowa-based Wright […]

August 26, 2010

Judge Approves Settlement of Peanut Corporation Salmonella Cases

According to press reports, late yesterday afternoon a federal judge recommended approval of a $12 million settlement for those sickened or killed in last year’s salmonella outbreak tied to a Virginia-based peanut processor.  This includes nearly 50 families represented by Marler Clark.   U.S. Magistrate Judge Michael Urbanski issued his recommendation late Wednesday for the […]

August 26, 2010

House to Call Wright Salmonella Egg Man to Testify

Just off the wire from AP: A House Energy and Commerce subcommittee will hold a hearing on the recall Sep 14. They are inviting Austin “Jack” DeCoster, the head of Wright County Egg, and Orland Bethel, the head of Hillandale Farms. The two farms have recalled more than 550 million eggs after they were linked […]

August 26, 2010

Third Salmonella Egg Lawsuit Filed and Request to Enter Wright Egg Sought

It has been a busy morning in the food safety business.  I was supposed to do a live interview via TV on CNN, but missed the 5:25 ferry to Seattle (it is actually at 5:20).  Thankfully, they let me do a phone in.  I am now off to San Francisco to visit with the Rivera […]

August 25, 2010

What will I do when Larry King Retires?

I had the pleasure of discussing Salmonella-tainted Eggs the other evening on Larry King Live with several other interesting guests.

August 25, 2010

Sherlock Holmes (a.k.a., Phyllis Entis) cracks the case of the Mystery States

Honestly, I am not sure what I would do (or what the public does) without the solid research by Ms. Entis (efoodalert) on her famous “Recall Round-ups” and setting out the scope of this Salmonella Enteriditis outbreak. It is good to know where the eggs are poisoned and the people are sick. Here is Phyllis’s […]

August 25, 2010

Food Safety Legislation Needed to Give CDC Tools to Catch Outbreaks Earlier

I spoke to Mina Kimes about her article, “Egg recall is a golden opportunity to whip food safety into shape,” that appeared in Fortune and CNN this morning about my view of the need to give the CDC more resources to catch foodborne or bioterrorism outbreak sooner. I had blogged about how needed the new […]

August 25, 2010

We could learn something from Jolly Old England – About Salmonella

With 550,000,000 eggs being recalled from 18 states and the number of ill flirting with 2,000, we understandably are not only focusing on the “how did it happen?” but, also “how this could have been prevented?” State Ag and Federal (USDA/FSIS and FDA) authorities seem to be going out of their way to let us […]

August 24, 2010

Busy Video Morning on CNN and MSNBC

I did two of the cable channels before 7:00 AM this morning in between doing three radio shows:  

August 24, 2010

CDC Update of Salmonella Enteritidis Infections Linked to Eggs

In May 2010, CDC identified a nationwide 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 is evident in the epidemic curve, […]

August 24, 2010

The Ag Industry Fries One of Its Own

Friends and enemies say that I have a less than eclectic reading style – I will read most anything that has my name in it. So, although I may well have been attracted by my name in lights (or at least in the article), I stayed for the smack down delivered on one Mr. Austin […]

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