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 […]

March 20, 2010

Grocery Manufacturers Association Litigation Conference April 7 and 8, 2010 – Washington DC

Looking forward to speaking at the Grocery Manufacturers Association Litigation Conference on April 7 and 8, 2010 in Washington DC.

March 19, 2010

Pasteurized Milk Outbreaks do happen despite what the Food and Drug Administration and The Centers for Disease Control and Prevention say

Awhile ago I posted, "Raw Milk Outbreaks do happen despite what the Weston A. Price Foundation and The Complete Patient (a.k.a. David Gumpert) say," and rightly got slapped for being a bit too harsh.  I tend to be remembered, and reviled, by sellers and consumers of raw milk (affectionately, a.k.a "raw milkies’) for suing raw […]

March 19, 2010

No, This is Not a Raw Milk Dairy Blog – It just seems like it lately. Forest Grove Dairy Linked to Campylobacter Illnesses in Michigan

Campylobacter Outbreak in Michigan Linked to Consumption of Raw Milk Products The Michigan Department of Community Health (MDCH) is issuing a public health alert regarding illness from Campylobacter infections among people who have reported consuming raw milk products obtained from the Family Farms Cooperative in Vandalia, Michigan. Family Farms Cooperative operates a cow share program […]

March 19, 2010

I read Meating Place Daily – USDA FSIS to mandate Test and Hold, Traceback and Non-intact Meat Labeling – Now that is a Mouthful – Safer Too!

According to Meating Place: USDA plans to propose rules that would mandate test-and-hold practices at meat plants as well as labels alerting consumers when they are buying non-intact meat subjected to mechanical tenderization, according to Deputy Assistant Administrator for USDA’s Food Safety and Inspection Service Daniel Engeljohn. Engeljohn told participants at a one-day seminar in […]

March 19, 2010

Raw Milk Cow, Goat and Sheep Share Expanded in Idaho – Retail Raw Milk Sales Not Allowed

The House Agricultural Affairs Committee approved a proposal Thursday that would make it clear that anyone owning a cow, goat, or sheep, or sharing ownership of those animals could legally drink or consume its raw milk. Selling raw milk would still be illegal, but dairies could keep seven cows or 15 goats or sheep in […]

March 18, 2010

FDA Seeks Permanent Injunction Against Sprout Grower

The Department of Justice, in an action initiated by the U.S. Food and Drug Administration, is seeking a permanent injunction against A Chau Sprouting Co., a sprout grower in Gretna, La., company owner and manager Quang “Mike” Trinh, and Hue Nguyen, the company production manager. The complaint, filed on March 16, 2010, in the U.S. […]

March 18, 2010

51 of 78 Lombard Subway Shigella Customers Contact Marler Clark

As DuPage County Health Department spokesman David Hass official announced that a total of 78 people had fallen ill due to a Shigella outbreak at a Subway sandwich shop in the Chicago suburb of Lombard, our phones have been ringing with the calls of 51 of those former customers of Subway. Mr. Hass further reported […]

March 18, 2010

Strict Product Liability in Food – Food Manufacturers are a lot like the Black Knight

Under the new rule of strict liability, to hold a food manufacturer liable, a person injured while using a food product need only show that: (1) the food product was defective; (2) it was used as intended; and (3) the defect caused the injury. The care used in the manufacture of the food product is […]

March 17, 2010

Shigella Illnesses Rise to 78 and Subway Remains Shuttered

Alan J. Liddle of Nation’s Restaurant News reports this afternoon that the number of people with confirmed cases of shigella illness associated with a franchised Subway restaurant here has climbed to 78, with 11 of those individuals requiring hospitalization with one still hospitalized.  He goes on: In a related development, the Seattle-based law firm of […]

March 17, 2010

On Farm Raw Milk Sales to Happen in Wisconsin? Only if Warnings, Registration, Inspection and Testing are Required

The Senate Agriculture Committee scrapped an earlier version of the Wisconsin Raw Milk Bill (see earlier post) and has instituted what I see as an appropriate compromise (if I do not say so myself) that includes warnings, registration, inspection and testing. The committee also stripped a provision sought by raw milk farmers that would have […]

March 16, 2010

Third Subway Shigella Suit Filed – 35 more to go!

The Chicago-area Subway that has been linked to over 50 Shigella illness has been hit once again by a customer’s lawsuit.  

March 16, 2010

Wisconsin Raw Milk Bill – Assembly Bill 628 – Should Fail Too

This Assembly Bill – 628 – is the same as Senate Bill 434.  It should fail for the same reasons as I posted below.  Here is the full Assembly Bill:

March 16, 2010

Wisconsin Raw Milk Bill – Senate Bill 434 – Should Fail

Although I agree that consumers should be able to buy raw milk from a well-regulated, inspected farm – "know your farmer" – like what is done in California and Washington presently.  However, I believe that the law needs a warning that is much more stringent than the law now envisions.  I think this is what should […]

March 15, 2010

E. coli victim Linda Rivera, like Lazarus, rises from the dead

Linda Rivera update from her brother-in-law: Linda will be discharged from her “home” of Desert Springs Hospital for the past year and to an unknown rehabilitation center. Her tracheostomy opening was closed and she is breathing room air on her own without difficultly, no supplemental oxygen. Linda is talking, has a lot of muscle weakness […]

March 14, 2010

Food Poisoning Victims Speak to Congress about Food Safety Legislation

Victims of foodborne illness gathered in the nation’s capital last week to speak to Senators about the need to move food safety legislation forward. Senate bill 510 (S510, the Food Safety Modernization Act) passed unanimously out of committee in November, but has yet to come to the floor of the Senate for a vote. "I […]

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