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 […]

February 27, 2010

The House and Senate, and their families, should give up health insurance and live like the 30,000,000 American’s without it

If you did not have health insurance, wouldn’t you try to figure out a way to get it? Wouldn’t you try to figure out how to fix medicare and medicaid costs long-term? Perhaps the House and Senate should live without insurance for a while? Perhaps then they would do something. I have spent the last […]

February 27, 2010

Johnny’s Fine Foods Recalls Johnny’s French Dip Powdered Au Jus and American Pecan Co. Recalls Pecans Because of Salmonella

Johnny’s Fine Foods of Tacoma, Wash., Johnny’s Fine Foods is recalling French Dip Powdered Au Jus in 6 oz. bottles and French Dip Powdered Au Jus in 1.1 oz. foil packets, because it has the potential to be contaminated with Salmonella. Johnny’s French Dip Powdered Au Jus is distributed nationwide and is sold in retail […]

February 27, 2010

$12 Million to be divided between 123 Peanut Corporation of America Victims Within the Next Week

Bryan Gentry of the Lynchburg News & Advance covered a recent hearing of the Bankruptcy Court overseeing the Peanut Corporation of America (PCA) bankruptcy. Mr. Gentry noted that “[m]ore than a year after a nationwide salmonella outbreak, victims and surviving relatives have not received any money in insurance policies held by [PCA] that a bankruptcy […]

February 27, 2010

Huntington E. coli and Daniele Salmonella Retail Distribution List

Here is a really good thing the FSIS has been doing over the last year – listing where recalled products really went.  Click on links below to follow the trail of Huntington E. coli Beef and Daniele Salmonella Salami products: HUNTINGTON RETAIL CONSIGNEES LIST FOR FSIS RECALL 004-2010 DANIELE RETAIL CONSIGNEES LIST FOR FSIS RECALL […]

February 25, 2010

Rotten Tomatoes? What do They Really Tell Us About the Safety of Our Food?

In reading the February 20th Food Safety News story, “Ten Years of Bribery and Bad Tomatoes” and today’s New York Times story, “Bribes Let Tomato Vendor Sell Tainted Food,” (thanks for pic) I was struck by the thought that the safety of our food ultimately rests on the belief – albeit and apparently mistaken – […]

February 25, 2010

Food Safety News Turns Six – Months

Food Safety News (FSN) has been up and running for six months now.  I am very proud of our DC, Denver and Seattle offices.  We have also grown from three full time people to four, plus several interns and freelance writers spread across the country.  We are also working to get more coverage internationally. FSN […]

February 24, 2010

242 Salmonella Senftenberg and Salmonella Montevideo Illnesses Linked to Daniele International Black and Red Pepper Salami

According to the CDC, 238 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related pulsed-field gel electrophoresis (PFGE) patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: […]

February 22, 2010

Beta Testers Needed for Foodborne Illness Outbreak Database

Marler Clark is set to sponsor the Foodborne Illness Outbreak Database, a resource that provides access to over 600 food poisoning outbreaks in one easy to search place. The database accesses information on outbreaks dating back to 1993. We would love your input on how the database functions and any other edits you might have. […]

February 22, 2010

Petition Number 09-03: Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of E. coli, including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. ¬ß 601(m)(1) – The Saga Continues

Good News, FSIS is paying attention, as is the industry, or at least its minions.  I would not vote against FSIS doing right by the consuming public (click on below to download letter and attachments):

February 21, 2010

Rep. John Dingell Calls out “Slow to Act” Senate on Food Safety Legislation

The Hill’s, J. Taylor Rushing caught Rep. John Dingell (D-Mich.), the longest serving member of the House and author of the lower chamber’s food safety bill, calling out the Senate as being “slow to act” on the bipartisan bill that passed the House. Dingell’s bill passed the House last July on a 283-142 vote. He […]

February 21, 2010

GMA – Grocery Manufacturers Association Speech in Austin Texas

I have the honor to co-present with defense counsel, Alan M Maxwell, at this week’s GMA Litigation Conference in Austin, Texas – (click on image below) – I am also going to hand out Food Safety News thermometers.

February 21, 2010

Queseria Bendita Recalls Queso Fresco, Panela, and Requeson Because of Listeria Illnesses in Washinton and Oregon

According to an FDA Press Release, Queseria Bendita of Yakima, Wash., is recalling three types of cheese, Queso Fresco, Panela, and Requeson, because they have the potential to be contaminated with Listeria monocytogenes, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune […]

February 20, 2010

Happy 23rd Birthday Stephanie Smith – Yet Another Victim of E. coli O157:H7

Stephanie Smith turned 23 years old today. She was born on February 20, 1987 in St. Cloud, Minnesota. Stephanie was a dancer. She lost the ability to walk in 2007 as a result of the most severe E. coli O157:H7-induced HUS illness I have ever seen in someone who survived. One day, she will lose […]

February 19, 2010

Cargill Admits its E. coli-tainted Hamburger Caused Dancer’s Paralysis, Yet Refuses to Pay Past Medical Expenses

According to KARE TV 11 in Minneapolis today, the Minnesota company accused of producing tainted meat that left a former dance instructor paralyzed has admitted fault in the case.  According to documents filed earlier this month in the federal lawsuit, Cargill says it manufactured and sold a product that contained E. coli. The company tells […]

February 19, 2010

Will Cargill, a Mulit-Billion Dollar Privately Held Company, Face Punitive Damages in the Case of the Paralyzed Dancer? You Decide

The 2007 Cargill E. coli O157:H7 Outbreak and its Genesis On October 3, 2009, the New York Times published an article on Stephanie Smith’s injuries and the contaminated, recalled Cargill meat that caused them—specifically, a hamburger patty that Stephanie’s aunts had purchased at a local Sam’s Club store. See Michael Moss, "E. coli Path Shows […]

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