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 […]

May 09, 2010

E. coli and Lettuce and Spinach – A bit(e) of history

A table of 34 previous outbreaks involving E. coli and Salmonella and leafy greens, like lettuce and spinach, courtesy of our friends at Barf Blog: E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the "pre-washed" and "ready-to-eat" varieties sold under various brand and trade names, are clearly by no means a new phenomenon.  […]

May 08, 2010

Food poisoning cause of three deaths in Central State Hospital in Louisiana

I was reading the Town Talk of Pineville and Alexandria (I visited there once and used to have some friends there), Louisiana this evening and read that State officials are suspecting food poisoning as the cause of the deaths of three patients at Central State Hospital.   A total of 40 patients of the behavioral […]

May 08, 2010

Confidential Settlement Reached in Cleveland, Ohio E. coli Cases

In my work there are cases that haunt you. Some are the cases you work on for years, but cannot figure out the legal source of the poison that killed someone’s child. Then there are other cases, like the senseless death of Abby nearly a year ago, and her grandfather’s death just last Saturday, that […]

May 08, 2010

New York E. coli cases have cost millions for Hemolytic Uremic Syndrome (HUS) victims

BJ’s Wholesale Club agreed to pay $11 million Jane Lerner – White Plains Journal – April 17, 2004 BJ’s Wholesale Club, Inc. and a meat supplier last week agreed to pay $11 million to the family of a New York girl who became ill with E. coli O157:H7 after eating contaminated hamburgers. Attorneys for K. […]

May 08, 2010

Saratoga Springs and Wappingers Falls Kids – Canaries in the E. coli O145 Lettuce Coal Mine – two with hemolytic uremic syndrome (HUS)

I was reading the Saratogian and the Poughkeepsie Journal this morning and was struck by the fact that once again consumers of food – this time kids – inform us by getting sick of yet another foodborne illness outbreak – this time E. coli O145 tainted romaine lettuce – Again, AFTER they get sick. Great […]

May 07, 2010

Foodborne Illness Outbreak Database Comes in Handy

I was talking with William Newman from the New York Times as he was writing his story on “Tainted Lettuce Linked to Illness in Three States,” when he asked about prior E. coli O145 outbreaks. I was able to pull out of my hat: “William Marler, a lawyer specializing in such cases, said that while […]

May 07, 2010

Yuma E. coli O145 Romaine Lettuce Connection – Andrew Smith Company?

Although Yuma has not been linked to an "leafy green" E. coli outbreak in the past – O157:H7 or otherwise – like O145, it is not like Yuma is risk free – it has more than a few cattle feedlots and is a major flyway for migrating birds.  It also has the "All American Canal."  […]

May 07, 2010

Supplemental Reasons Why Non-O157’s – like O145 – Should be Adulterants

Our discussion with the FSIS on our Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1) is ongoing.  Here is the most recent installment:

May 07, 2010

E. coli O145 Lettuce cases linked to Roy C. Ketcham HS, John Jay HS, Wappingers JHS, and Van Wyck Middle School in Wappingers Falls New York

Here is a copy of the letter sent to parents:   May 6, 2010   Dear Parents/Guardians: I am writing to inform you that over the past few weeks a small number of students reported symptoms of diarrheal illness. The students received immediate treatment at local health care providers. There have not been any further […]

May 07, 2010

Hey, our Petition on E. coli Adulterants (including O145) made the FSIS website!

Petition Submitted by Marler Clark LLP, PS Outbreak, Inc. (Oct 5, 2009, PDF Only) Citizens petition submitted to FSIS for an interpretive rule declaring all Enterohemorrhagic (EHEC) Shiga Toxin-producing serotypes of Escherichia coli (E. coli), including non-0157 serotypes, to be adulterants within the meaning of the Federal Meat Inspection Act (FMIA). * FSIS Progress Response […]

May 07, 2010

Freshway E. coli O145 Romaine Lettuce Outbreak – the CDC Steps in

According to the CDC as a few moments ago, local and state public health officials in Michigan, New York, and Ohio are investigating human illnesses caused by E. coli O145. CDC is supporting these investigations and facilitating regular communication and information sharing between the states and with the U.S. Food and Drug Administration (FDA). As […]

May 06, 2010

Utah Raw Milk, the gift that keeps on giving – if you are a law firm

Heather May of the Salt Lake Tribune posted a few moments ago "Public health officials investigating salmonella cases:" Public health and agriculture officials are investigating six cases of salmonella they believe were caused by drinking unpasteurized milk.  Milk samples are being tested for the bacteria at the state’s public health lab, with results due next […]

May 06, 2010

E. coli O145 – tainted Romaine Lettuce recalled from 23 states and the District of Columbia – 12 Hospitalized, 3 with Hemolytic Uremic Syndrome (HUS)

The Outbreak Freshway Foods and the Food and Drug Administration announced mid-morning a recall of Romaine Lettuce after illnesses were reported in Michigan, Ohio and New York – primarily impacting students at University of Michigan, The Ohio State university and Daemen University. The Food and Drug Administration reported the E. coli O145 illnesses included 12 […]

May 06, 2010

Freshway Foods linked to E. coli O145 Lettuce Outbreak

Over the last few weeks as Ohio, Michigan and New York health officials (along with the CDC) have tracked the source of the ongoing E. coli O145 outbreak to lettuce that has sickened over 50 people near college campuses at The Ohio State in Columbus, University of Michigan in Ann Arbor and Daemen College in […]

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